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,1,/ ' * ^ ' /> t' / ' 

JOURNAL ^ 



^'V. 



07 TBS 



FOURTH SESSION 



or THS 



LEGISLATURE 



STATE OF CALIFORNIA, 



BBOUH 



ON THE THmO DAY OF JANUARY, 1853, AND ENDED ON^'jEHE 
NINETEENTH DAY OP MAY, 1853, AT THE CITIES ' ' 
OF VALLEJO AND BENICIA. 



PUBLISHED BY AUTHORITY. 



SAN FRANCISCO: 

QSOBQB K£BB» STATE PBINTE&. 



1868. 

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JOURNAL 



OF THE 



PROCEEDUGS OF THE ASSEMBLY. 



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JOURNAL OF THE ASSEMBLY. 



HOUSE OF ASSEMBLT. 



Onr OF YAumjOy \ 

MatiiBkjj Jamiaiy 8, 1858^ ) 

AMordiDg to liie veqniremeiili of Ae Oonsdtalum, tha Homa WM oaDed 
to order this daj, at 12 o'clock^ M., by B. MeAlpin, late Clerk. 
On motion of Mr* Caimey, Mr. MeMeans was ohoaen Speaker, j^ro tm^ 
Tlie Clerk then proeeeded to oalled the ooiuitieBy and tlie followmg mem- 
^eia appeand, were qnaMfied and took ihm seats : 

Ckxonty of Biitte-^Meam. TheoiaBy Irwin and Wells. 

^ Contra Costtr^-^Ur. Cavpentier. 

** GalaTenuH^Bfessrs. Ledkev Bogsrs and OliYer* 

** / CoIuBi — ^Mr. Garhart 

^ El Dorado— Messrs. Oarfield, Conness and MoMeans. 

^ KIaiBa&— Mr. Van Dyke. 

** Los Angeles — ^Mr. MoFarland. 

^ Montexer-Jifr. Wall. 

** Napar—Mr. McEany. 

«« NeFadft«-^enrs.C!i«DriMMroBd.BMtwiok; ' 

** Plaeer — ^Messrs. Canney and Myres. 

^< Sacramento— Messrs. Johnson, Bobertson and Estep. 

^ San Joaquin — ^Messrs. Yeiser, Knight and Hally. 

** San Lnis Obispo— Mr. Pacheco. 

^ Santa Barbara — ^Messrs. Coyatrabias and Lee. 

^ San Francisco— Messrs. Flower, Sime, Snyder and Taylor. 

«< Shasta— Mr. Cabaniss. 

« Sonomsr— Mr. Ewing. 

** Sdano^Mr. Owen. 

<« Sattei^Mr. McOandless. 

*' Trinity^— Messrs. Martm and Beadmg. 

^ Tuolumne— Messrs. Wilson, Hoff, Muideyille and Brush. 

" Ydo— Mr. Caldwell. 
Coontiee of Tuba and Sierrar— Messrs. Fair&x, Gardner and Bedding. 



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6 [Monday, 

When fhe conntj of Santa Barbara was called, Mr. OoTarrabias present* 
ed the folbwmg potest, which was read : 

lb the Honorable AuemUy of CdHfornia: 

TJhderstanding that C. T. R. tice intends to present himself to the donor- 
able Body as one of fhe members of the conntj of Santa Barbara, I deem 
it mj duty to protest against his admission in that capacity. The county 
of Santa Barbara, at the recent election, selected as its representatives, J. 
M. Covarmbias and Charles Huse, who received in the time, and in the 
manner required .by law, the certificate from the Gountjr Clerk. It is with 
sincere regret, gentlemen of the Assembly, that I allude to tiiis contest be- 
tween citizens of the same interest and by the same national ideas. 

In the recent election, Tb. Leo liceit^d so sknkll a number of the votes 
east, it is a matter of surprise, as well as of regret to me, that notwith- 
standing the immense nsgoritf by wkich he was defeated, that he diould 
desire to ise;lreseBt a «eaa^ ^MA has given its authority and confidence to 
others. 

Ill Milmiaft <tf ly dgtiea tomyosigatnattfai, I gcf—gtiha^ Ife. Lee toay 
not be admitted to s •eat as mpreientativa of fiaata Ba»bai», as Mr. Huse, 
M# rteent, Mdi tbf imper cvedeiiilial as fliqr eelfaa^ 
.. Jiin swjr iKftiMBgenOT, Mvever, wlfidi I oaxmot tHpfDis^^ie illegal 4ser- 
tificate by which Mr. Lee etekns te ii|OTiiM i * Om «oiiii^ of Santa Burbftm, 
receives your favorable consideration, in the most solemn and formal manner 
I protect, and will ^volert fcmer aggainet the injustice done in Id^ Aiatter 
to the people of Santa Barbara, at aln ^gafikist a deeism viblating the prin- 
ciples of repreaeotatien, wUebire fiaKforains hare leataod td^jbelieve were 
the birthright of every American citisen. ' ^ 

With high consideration, I have flie 'honor to be yoar obedient servant, 

J M. OOYARBUBIAS. 

On motion of Mir. Car^itiior, 4b0 Soiso adjeomMi until 12 o^Olock to- 
morrow. 



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Jam. 8.} 



BOUSIS OF ABSBUBLY, 

Tvbkhay^ Jaaiiarr ^ IMS. 

The House met punfoant to aw^Dumment 

Tbe following members appeared, were qualified attd took their seats ; 
coan^ of EI Dorado, BTr. Wirw ; Sacramento, Mr. Harrison ; Simta ChK, 
Mr. Kttridge; Santa Clam, Mr. Letcher; San Francisco, Messrs. Blake, 
Cardoso and Reyilenfeldt ; Nevada, Mr. Moore ; Tuolnmne, Mr. VUtB* 
diA ; Marin, Mr. Walker. 

On motion of Mr. Heydenftidf, the Hduss adjourned UQtil 11 o^doek, 
to-morrow. 



HOUfB OF ASSBMBLT. 

I 

WsomsDAT, January 5, 1863. 

The House met pursnam to adjournment, and proceeded to the election ; 
of a Speaker. 

Mr. Gardner nominated J. B. Wall, and Mr. Flower nominated J. Nedly 
Johnson, 

Those who voted for Mr. Wall were-^Messrs. Blake, Bostwick, Brushy 
Canney, Carpentier, Confess, Cardozo, Covarrubius, Crenshaw, Ewingj^ 
Fairfax, Gardner, Garfield, Roffj Hunt, Irwin, Kittredge, Lee, Leake^ 
Mandeville, Meredith, McFarland, McMean^ Moore, Myers, 6llver. 
Owen, BesKiing, Rogers, Snyder, Thomas, Wells, WUson, Wing ana 
Yeiser — 35. 

Those who voted for Mr. Johnson were — Messrs. Cabaniss, Caldwell^ 
Carhart^ Estep, Flower, Hally, Harrison, Heydenfeldt, Knight, Letcher^ 
Martin, MoCandless,^ lUtcGarry^ Redding, Robinson, Sime, Taylor, Tan 
Dyke and Walker— 19, 

Mr. Johnson voted for Mr. Pacheco. 

Mjc. Wall voted for Mn Bruib. 

Mfi Wall, having received a mi^ty of alf tfie vc^ ^Bas^^ 

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^ • 8 [WEDNBSDi*r., 

duly elected Speaker, and upon taking the chair delivered the following 
adcuress: 

Oenthmen of the Assembly : 

By selecting me to pri^side over this Legislative bodv, of' one of the 
most remarkable States in the world, you have conferred an honor upon 
me peraonally* fi>r which I return you my* most grateful and sincere 
thanks. But I am not forgetful that position confers no honor upon a 
man, unless he himself rise up equal to his task, and fulfil the ohl^a^on 
of his offic^. This I shall exert my utmost power to accomplish. But, 
geutlemen, without your considerate and earnest cofoperation, my success 
must be impossible. . I shall, therefore, rely upon your assistance and 
support in maintaining a proper conduct in our deliberations, in. order 
that we may transact the business with which we are intrusted, without 
tricing or selfish considerations, but with d^oity, fidelity and dispatch ; 
that our acts may be creditable to us as the agents of others, for certainly 
we are not here to act for ourselves, but to fulfil the most responsible dutv 
and the most sacred confidence with which man can ever be intrusted. 
Indeed, so important is the duty of enacting laws for one's country, that 
no one, feeling the real dignity and responsibility of such an office, can 
fiiil to sympathize with those ancient legislators who never essayed to 
enact a law, or issue a decree, withou t firs t calling upon the gods to wit- 
ness the justice and necessity of their undertaking ; and in truth, gentle- 
men, that legislator who can so far forget his duty and his honor as to 
convert the sacred confidence of such a trust into a mere efifort to promote 
selfish schemes by speculative legislation, is morally a criminal, whose 
violation of the covenant which he makes with the people is more disas- 
trous than the crime of the felon ; for the felon's stab strikes down but 
one, whilst the dishonest legislator stabs the great heart of J^ety, and 
you, and I, and all of us fitlfdown beneath the hidden strok^^his suc- 
cess. It is^ idle, nay, gentlemen, it is wrong, for us to remain indifferent 
to the fact that each of our preceding Legislatures has been accused by 
the p^ple of assenting to speculative laws. I do not acknowledge the 
tnitn 01 such assertions ; but if we can do no act to render our session 
memojpable for good, in the name of God, let us at least suffer nothing to 
be done which will render it odious to the people. Most of us are young 
men, and have our fortunes to achieve, ana we must not suffer ourselves 
to forget that age adds nothing to the strength of patriotism ; that noth- 
irijg dishonest ever enures to tl^e noblest success ; and that every dollar 
''^ong^&^lly wrested from one's country is like a jewel robbed from one's 
o^ntnothei^ which, may be possessed but never can be enjoyed. We 
have sufficient yeara to know our duty, and it is our good fortune to live 
in jpi period, of our country when great political experience may be ac- 
quired without the expense of age. Let us, therefore, only do those 
tiling which we have strictly undertaken to perform, and ours may be 
the honorable distinction of rendering this session of our Leg[islature not 
merely advantageous to the State, but leallv an ^ pocb in its earlv political 
history, for the integrity and carefulness of ^ legislation, and for the de- 
votion of its members to the real welfare and lasting prosperity of this 



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Jak. 6.] 9 

Messrs. Hubbard, Bell and Hunt^ appeared) were qmiified m^ tcUc 

their seats. 

The Hoaiie ndxt proceeded to elefct a principal cleric* ^ Mr. Blake- ptit > 
in nomiDatibn Blamoa McAlpia. 

Those who voted for MnMcAlpin weie-^MesarSv Bell, Blake^ BostrsTidk^ 
Brush, Cabanise^ Caldvrell, Oanny, Carhart, Carpedfier, CoDuess, Gahlo^/ 
Cbvanubia9, Crenshaw, Eat^p, Bwing, Fairfa,x, Fldwer, Gardner, GaK^ 
field, Hally, Harrison, HBydenfeldf, Hofi, Hunt, IrwW}, Johason, Kitty^dge, 
Koight, Lee, Leake, Letcher, Mandeville, Martin, Meredith, McCandless, 
McFarland, MeQarry, MeMeans^ II0016, Myies, Oliver, Owen, Rjeddiiig, 
Robinson, Rogers, Sime, Snyder, Smith, Taylor, Thomas, Tan - Dykai ' 
Wall, Walker, Wells, Wilson, Wing and Yeiser— 57. 

Mr. McAlpin having received all the votes cast, Was declared duly 
elected Chief Clerk. 

The House next proceeded to elect one Assistatzt Clerk. 

Mr. Canney nominated J. W. Scobey. 

Those who voted for J. W. Scobey were— Messrs. Blake, Bostwick, 
Brush, Cabaniss, Caldwell, Canney, Carhart, Carpentier, Con^ess, Car- 
dozo, Covarrubias, Crenshaw, Estep, E wing, Fairfax, Flow«r, Gardner,, 
Garfield, HaUy, Harrison, Herbert, Heydenfeldt, HofiT, Runt, Irwip, John- 
son, Kittredge, Knight, Lee, Leake, Letcher, Mandeville, Martin, Mereclith, 
McCandless, McFarland, McGarry, McMeans, Moore, Myres, OUver, 
Owen, Rodding, Robinson, Rogers, Sime, Snyder, Taylor, Thomas, Van 
Dyke, Wa^^ Walker, Wells, Wilson, Wing and Yeiser— 57. 

Mr. Scobey having received all the votes cast, was declared duly elect- 
ed Assistant Clerk. 

The House next proceeded to elect an Enrolling Clerk. 

Mr. Crenshaw nominated A-^ G. Kimball. 

'niose who voted for Mr. Kimball were — Messrs. Blake, Bostwick, 
Brush, Cabaniss, Caldwell, Canney, Carhartj Carpentier, Conn6ss, Car-^ 
dozo, Covarrubias, Crenshaw, E«ep, Ewing, Fairfax, Flower, Gardner, 
Garfield, llally, Harrison, Herbert, Heydenfeldt, Hoff, Hunt, Irwin, John- 
son, Kittredge, Knight, Lefe, Leake, Letcher, Mandeville, Martin, Mere- 
dith, McCandless, McFarland, McGarry, McMeans, Moore, Myres, Oliver, 
Owen, Redding, Residing, Robinson, Rogers, Sime, Snyder, Taylor, 
Thomas, Van Dyke, Wall, Walker, Wells, Wilson, Wing and Yeiser— 57. 

Mr. Kimball, having received all the votes cast, was declared dtily 
elated Enrolling Clerk, 

The HoQM then prooeeded to «b«l aft EB^rosafaig GLetk. 
2 

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10 [Wednesday, 

Mr. Iwfaz aoomated Wm. Zafaridae. 

Those who voted for Mr. Zabriskie were— Messrs. Blake, Bostwick, Brush, 
Oabamss, Caldwell, Camiej^ Carhart, Carpuitier, Goimess, Cardoso, Corar- 
rulHas, Crenshaw, Estep, Ewing, Fairfax, Flower, Gardner, Garfield, Hal^ 
It, Harrison, Herbert, Hejdenfeldt, Hoff, Hunt, Irwin, Johnson, Eittredge, 
£[nttht, Lee, Leake, Letcher, MandeviUe, Martin, Meredith, McCandleas, 
McFarland, McGarry, McMeans, Moore, Myres, Oliver, Owen, Bea£ng, 
Bedding, Robinson, Sogers, Sime, Snyder, Taylor, Thomas, Van Djke, 
Wall, Walker, Wells, Wilson, Wing and Teiser— 67. 



Blr. Zabriskie having received all the votes oast, was declared duly elected 
Engrossing Clerk. 

The House next proceeded to the election of Sergeant-at-Arms. 

Mr. Thomas nominated G. W. Coflbe. 

Those who voted for Mr. Coffee were— Messrs. Blake, Bostwick, Brush, 
Cabaniss, Caldwell, Cannev, Carhart, Carpentier, Conness, Cardoso, Covai^ 
Tubias, Crenshaw, Estep, Ewing, Fairfax, Flower, Gardner, Garfield, Hally, 
Harrison, Herbert, Hejdenfeldt, Hoff, Hunt, Irwin, Johnson, Eittredge, 
Knight, Lee, Leake, Letcher, Mandeville, Martin, Meredith, McCandless, 
McFarland, McGarry, McMeans, Moorfe, Myres, Oliver, Owen, Readings 
Bedding, Robinson, Rogers, Sime, Snyder, Taylor, Thomas, Van Dyke, 
Wall, Walker, Welb, Wilson, Wing and Yeise^-ST. 

Mr. Coffee having received all the votes cast, was declared duly elected 
Sergeant-at-Arms. 

The House next proceeded to the election of Door-Keeper. 

Mr. Covarrubias put in nomination John Warrington. 

Those who voted for Mr. Warrington were — ^Messrs. Blake, Bostwick, 
Brush, Cabaniss, CaldweU, Canney, Carhart, Carpentier, Conness, Cardozo, 
Covarrubias, Crenshaw, Estep, Ewine, Fidrfax, Flower, Gardner, Garfield, 
Hally, Harrison, Herbert, Heydenfeldt, Hoff, Hunt, Irwin, Johnson, Eit- 
tredse. Knight, Lee, Leake, Letcher, MandevUle, Martin, Meredith, Mc- 
Candless, McFarland, McGarry, McMeans, Moore, Myres, Oliver, Reading, 
Redding, Robinson, Rogers, Sime, Snyder, Taylor, Thomas, Van Dyke, 
WaD, Walker, Wells, Wflson, Wing and Yefeer— 56. 

Mr. Waiiington having received all the votes cast, was declared duly 
elected. 

The Speaker appointed Charles Hubbs as principal Page, and Henry 
Fossbender as Assistant Page. 

Mr. Carpentier introduoed a Joint Beaolutien^ which was adopted^ ap- 

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Jak. 5.] 11 

pointing a oommittee of two from each House to wait upon the Qtojeraat 
and infonn him that the two Houses had organized, and were ready to re- 
ceiye anj oommnnication he might see proper to submit. 

Messrs. Garpentier and McMeans were appointed, on the part of the 
House, as said committee. 

The foUewing commnnination was received from the Senate : 
J&. Speaker: 

I am directed to inform fte Assembly that the Senate has organised by 
electmg 

A. 0. Bradford, - . - Secretary. 

John S. Love, - - - - Assistant Secretary. 

jTames L. liVask, 1 - • EnrolUnp Clerk. 

Wm. G. Marcy, - - . Engrossmg Clerk. 

G. W. Ten Broeck, - - Sergeantnat-Anns. 

E. C. Dowdigan, ... Door-Eeeper. 

And is now ready to proceed with the business of the Session. 

A. 0. BRADFORD j[Seoretary. 

Mr. Wing moved that the Rules of the House for the last sesnon be 
adopted for the present session temporarily. 

Agreed to. 

On motion of Mr. Canney, a committee of five was appointed to draft 
Bules for &e government df the House. 

Messrs. Canney, Snyder, Moore, Thomas and Wing were appointed said 
committee. 

The following was received from the Senate : 

Mr* Speaker: 

I am directed to inform the Assembly that the Senato tins day coneoned 
in Assembly Joint Resolution creating a committee tp wait upon the Gov- 
ernor ; apd has appointed, on the p«rt (^ the Senato, Messrs. Keene and 
Foster. 

A. C. BRADFORD, Secretary. 

Mr. Carpentier reported that the eomndttee had waited upon ffis Bxcel- 
lencv, according to i^etr instructions, and had received for answer that he 
would in ^ short time communicate to the Houses in writmg. 

The folkwmg message was received from the Governor by his Secre- 
tary: 



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12 [Wbdnesdat^ 



Fellow Citizens or thb 

Senate and Assembly : » 

The duty again derolras upon me tacomnnuiioate with the People's 
Representatives on the condition of the State, and recommend such mea- 
sures as I may deem expedient. 

Permit me, then, to welcome you to the scene of your legislative labors, 
.^fi^ to e:i:pre$s,the hope, that all the niac^uces ¥pa^u?ed ][)y yau, m^Y not 
only be promotive of the interests, but meet the warm approval <>f oiir 
common constituents, who have confided to you the most important trust 
which can be delegated to public agents. I need haridly assure you of 
my sincere desire to -co-operate with you in all your -efforts to exalt the 
character, e;stablish the credit, and advance the general initexests of the 
State. 

You have assembled at an interesting period in the history of our pub- 
lic affairs. Our interests have acquired a more permanent and solid 
character ; the people have generally yielded a willing obedience to the 
laws ; our commerce is rapidly diversifying and expanding ; the sources 
of our wealth have been immensely augmented ; agricuhure and the me- 
chanic arts are ,more geperally engaging the attention of our people ; in- 
stitutions of learning are springing up in our midst ; and, in fact, all the 
ajts of peace ^re beginning to prpgress and flourish throughout the State, 
'We have entered upon our career of freedom and civilization with pros- 
pects the most flattering. Uninterrupted and surprising as has been the 
progress of those sister Sts^tes from which we are divided — not by feeling, 
wi b^ geogmphical position — astonishing as have been the achievemeats 
of science, and astounding the political events which have distinguished 
ithe"pasl hiswry of onr country, the settlement and partial develope- 
ment of the resources of California by the American people, is by no 
means the least amongst the great achievements which have been con- 
summated. The importance of events is iestimated by their influence 
upon the destinies of mankind ; that of the settlement and developement 
of California, to which I Have above alluded, possesses a peculiar interest, 
since it evidently hastens the period when a more considerable portion of 
i4iis ciM2tinent-t^iiielDding,.pertiap8, soHie4df Ihe proximate islands t)f the 
.teas-tAQay be in snfakction to the enterprising and enlightened policy of 
'4bfi fiovsirniBent of tbe United States. The sqttiemeat of California has 
developed in the public mind a strong bias favorable to other peaceifbl 
a9^6i^$]4is, Mdi]ias:prc^vad, that, while in accordance with the uniform 
pd[icy of the Government, we have ever been ready to welcome emi- 
.gl^^fq^igiaeTs.jtOjowisoil, is^o^ consistently with the Gonstiiution 
Miinji.lyaws oi[. the, United Stajtes, hecome .dftaoeds by naturaltsatien, thsy 
are, at the ssam tjw^, disposed to. make Jibe soil, itseif, peaeafuUy, a 
portion of the Republic. Despotisms forcibly subdue and subject foreign 
lexrilory fin violation, of the l^iws of natifins^ while^itistbe palicfyof our 
Oovernment to extend the '' area of freedom " only when it can be doae 
consistently with the rights of others, and by a due observance of lbs laws 
governing national intercourse. 



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Jan. d.] 13 

Parsning the path of peaceful progress, we have advaDced in all the 
elements of national greatness, and enjoyed a^ degree of individual pros- 
perily under the operations of our civil institutions, unexampled in the 
history of governments. 

Amongst the most important duties which will devolve on you at your 
present session, is that of regtilating the finances of the State, and fixing 
th^m upon a basis at once permanent and sure ; which shall, at the same 
time, serve to secure us against the embarrassments of an overdrawn treas- 
ury, as well as against the burdens of oppressive taxation. It cannot be 
disguised, that for the past three years, we have not devoted that advised 
and well informed attention to this subject which its great importance de- 
mands. Year after year, since the organization of the State, we have been 
steadily contracting heavy liabilities, until at .length, the burden is oner- 
ously felt, and the embarrassments thus occasioned begin to seriously af- 
fect our standing and credit, and retard our progress. That measures must 
now be adopted, immediate, if practicable, in their efiect, and radical in 
their nature, would seem to admit of no question. We have pursued a 
system heretofore, the practical results pf which, as exhibited by the pre- 
sent firj^ncial condition of the State, are certainly not such as will com- 
niend it to further adhesion. A system which produces such results, 
must be defective, and should be abandoned. To sustain the credit of 
the State, to avoid the burdens of embarrassing liabilities, and to expend 
no XDore than the annual revenues derived from easily borne taxation, are 
amongst the first and great objects of legislation. But we have signally 
failed to do either up to this time, and must, therefore, have pursued a 
system neither well foimded nor wisely practical, considered with refer- 
ence to the objects intended to be secured thereby. A debt has been al- 
ready contracted, which, under existing arrangements, will continue to 
accumulate to a disastrous extent. Fortunately, however, it rests with 
you to check this growing evil, by a suspension of the existing, and the 
adoption of another system, which, while it avoids the errors into which 
we have heretofore fallen, shall introduce such salutary reforms, as past 
experience demonstrates to be indispensable. 

With this in view, it is my purpose to present, generally, for your con- 
sideration, a few of the leading reforms which have occurred to my mind 
as important and necessary. 

The existing debt of the State on the 16th December, 1852, is set forth 
as follows in the Report of the Comptroller of State. 



CIVIL DEBT. 



Amount of 3 per cent. Bonds outstanding, $63,750 00 
'- Interest on same to date, 63,700 00 



7 per cent. Bonds of 1851, $397,000 00 

Interest on ss^me^ 3,2lB 68 



$127,450 00 



$400,218 68 



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14 


[Wbdnesdat, 


Amount of 7 per cent. Bonds of 1862, f 790,500 00 
" Interest on same, 281 41 


$790,781 41 






a 


Civil Warrants outstanding, 


69,763 79 




91,388,213 78 




WAR DEBT. 




Amount of 12 per cient War Bonds of 1851, $200,000 00 
« Interest on same, 39,812 20 


$239,812 20 


ff 

it 


7 per cent. War Bonds of 1852, $478,000 00 
Estimated interest on same, 10,850 00 


$489,860 00 


it 


War Warranto outstanding, 


41,727 85 




Total War Debt, 


$771,190 06 



Amount of School Land Warrants, $ 190,080 00 

WHOLE DEBT OP THE STATE. 



Amount of Civil Debt on the 15th December, 1852, 
" War Debt " •' 



$1,388,213 78 
771,190 05 

$2,159,403 83 

Making the entire Debt of the State, Civil and War, $2,159,403 83 



And if we include the $190,080 00 received for School Land Warrants, 
$2,349,483 83. On the amount received for School Land Warrants, the 
State is pledged to pay an annual interest of seven per cent, to the School 
Fund, but the principal I do not regard as legitimately a debt of the 
State : so that, excluding this item, it will be found to be $2,159,403 83, 
to which should be added $5,412 31, the interest which has accrued upon 
the amount realized from the sale of School Land Warrants. Besides this, 
the debt contracted by reason of Indian expeditions, amounting to the 
sum of $771,190 05, should be regarded rather as an apparent than actual 
indebtedness. The reasons for this opinion are contained in a special 
message transmitted to the Legislature at its last session, and are as fol- 
lows: 



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JiN. 5.] 16 

" The General Government owed us protection which was not adequate- 
ly afforded. Our frontier citizens were exposed to Indian depredations, 
and hostile Indian incursions were not only threatened, but actually com* 
menced. No sufficient United States forces could be mustered for the 
protection of our people, their lives and property, and we were compelled, 
therefore, to protect ourselves. To do this, it became necessary, in the 
Qpiniou of the Executive, to extend that protection which the General 
Government should have secured. The amount expended on these ex- 
peditions, for a part of which the bonds and warrants of the State are now 
outstanding, I have reason to believe, will be promptly assumed by the 
General Government. Our situation in this respect is not at all peculiar, 
for there are abundant precedents to be found in the prpceedings of Con- 
gress, of appropriations having been made in similar cases. By Act of 
Congress, approved March 3, 1841, provision is made for the payment of 
troops called out by the Governor of Alabama to suppress Indian hostili- 
ties. By an Act approved August 11, 1842, an appropriation of $175,000 
is made to the State of Georgia, for expenses incurred in the Seminole, 
Cherokee and Creek campaigns ; and the suppression of Indian hostilities 
in Florida and Alabama. By an Act approved August 29, 1842, the 
sum of $61,378 16 is appropriated to the State of Louisiana for the troops 
employed in the Seminole war; and by Act approved May 14, 1834, an 
ajq^ropriation of $35,000 is made to Missouri for similar purposes. These 
precedents indicate, that where it is made to appear that a State has been 
required to call out forces and incur expenses in its defence, the Congress 
of the United States will make such appropriations as justice, and an ob- 
aervance of the relations existing between the General and State Govern- 
ments require. Besides these precedents, there are to be found numeroiis 
approi»iations made Co individuals, for services rendered by order of the 
several State authorities, and for property stolen and destroyed by hostile 
Indians, where insufficient protection had been extended by the Creneral 
Government." 

Should this amount, then, be assumed by the General Government, the 
debt of the State is reduced to $1,388,213 78. It should be borne in 
mind, however, that until an assumption by the General Government, we 
are pledged to the redemption of the bonds issued to secure the payment 
of these liabilities, and whatever financial measures are adopted, should 
be with a view to the contingent probability of their ultimate payment 
by the State. 

Having thus exhibited our present financial condition, it remains to 
devise means by which the lare^e indebtedness we have incurred may be 
discharged, and the affairs of the State hereafter administered so that its 
expenditures shall not exceed its income. It is perfectly apparent that 
we cannot proceed as heretofore, without destroying our credit and deep- 
ly involving our interests. Wisdom would therefore dictate reforms, and 
experience demonstrates that in many cases they are required to be radi- 
cal. 

The estimated receipts jmd expenditures for the ensuing fiscal year, are 
estimated by the Comptroller as follows : 

Receipts, .... $434,150 00 

Expenditures, - - . . 1,093,218 68 



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16 [WBDliB&DA*, 

By reference to the table of estimated expenffitnres, it-vrill ^ seen, how- 
erer, that many of &e items mentio&ed ate of special character^ and do not 
enter into the general annual expencBtnres ; amounting in the aggregate to 
upwards of $220,000. 

With a view to lessen the expenditures of government, I would invite your 
attention first to several reforms in our State Constitution. 

When we consider the period and circumstances of the adoption of our 
present Constitution, it is not matter of astonishment that experience should 
have disclosed its imperfections. Coming into existence at an early and un- 
settled stage of our political history, when our population was sparse, un- 
stable, and possessed little or no identity with the permanent interests of the 
State — when our wants and resources were as yet undefined and undevel- 
oped — when the diversified adaptations and necessities of the various por- 
tions of the whole were unknown, and all was confusion and excitement, it 
would, indeed, present an instance of almost superhuman sagacity, should its 

K' ^visions be found to afford a solution for all the exigencies of the future, 
e immense aumientation of our population ; the rapid and mighty changes 
in our habits and pursuits ; the more matured and staid condition of society, 
independent of its intrinsic defects, would seem to demand that the basis of 
our system should be remodeled, and adapted to present emergencies. 

It is but justice, too, that that large and intelligent accession to our num- 
bers which has accumulated since t£[e adopticm of our existmg Constitution, 
should be permitted to speak and have its influence in shaping the character 
of our institutions. 

I am not an advocate of frequent and sadden changes in that system of 
law and policy by which a people are governed. But when a State exhibits 
the spectacle which is presented by ours, of having grown, up from infancy 
to manhood, as it were in a day — when in the short space of three years, 
we have risen from a wandering and adventurous population of not more 
than fifty thousand, devoting themselves rather to the acquisition of wealth 
than tiie formation of a plain, free, and frugal government — to some three 
hundred thousand orderly, moral, industrious, intelligent, and permanent 
'citizens, who are indissolubly associated with the welfare and prosperity of 
the State ; and especially when radical and serious defects exist, duty, wis- 
dom and prudence dictate that an effort be made to remedy those deficien- 
cies and errors, and that alterations in our earlier organization, comporting 
with the change of circumstances, be effected. But by far the most material 
consideration which influences me in this recommendation is that of economy. 

In the present embarrassed condition of our State finances, it becomes us 
to search out every avenue to economy which does not entrench on principle 
or justice. It is believed that provisions exist in our Constitution which 
might be dispensed with, without inconvenience, and thereby, if not entirely 
relieve, at least greatly assist in reducing our burdens and embarrassments. 
Such being my convictions, I feel it my duty to recommend that steps be 
taken in accordance with the first section of the tenth Article of the Consti- 
tution : First, for amending the second section of Article fourth of that in- 
strument in such a manner as to provide for biennial instead of annual ses- 
sions of the Legislature, and those sessions not to exceed ninetv days in 
duration. When the advantages and disadvantages of annual ana biennial 
sessions of legislative bodies are impartially compared, tiie preponderance of 

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Jan. 6.] l7 

benefii will be found to be clearlj on the side of the latter. It la tnie, tiiiik 
by w«7 of speediij curing existing defects in our laws and of applying a rem- 
edy to cases of pressing and importunate demand, die yearly assembling of 
the Legislattire may afford advantages ; but on the other hand, when we 
reflect on the expenditures of public money necessarily attendant on these 
sessions ; on the evils .of that government whose laws are undergoing oon* 
tinual and rapid changes ; and that in cases of absolute necesrity^ it iain 
flie power of the Executive to call extra sessions, the argument must be 
admitted to be in consonance with the proposed amendment. 

Such an alteration in our Constitution will effect a saving to our Treasury 
of two hundred thousand dollars, annually. An item of such importance in 
oar present condition must command the most careful investigation of the 
Legislature, and to it I invoke your most serious deliberations. It is a fact 
of no slight importance, that many of our sister Stateis, after having tested 
the system of annual sessions, amended their Constitutions as now recom- 
mended ; but no instance can be found in which the reverse is the case. 
The States of Missouri, Dlinois, Georgia, Alabama, Mississippi, and Ken- 
tucky, have, of late years, amended their Constitutions in this respect. 

Second : That the twenty-eighth section of the fourth Article of the Con- 
stitution be repealed, and the taking of the census of the State be left to be 
regulated by law, or that it be'so amended as not to require that work to be 
done in the year 1855. 

The taking of the census of a State so extended as ours, is a weighty and 
expensive operation, requiring much time and labor, and a great outiay of 
money, and should not be required more frequently than actual necessity 
demands. During the past year it has cost some one hundred thousand 
dollars : and, as it is an affair of questionable utility, it is to be hoped that 
it will not be so soon repeated as the Constitution requires. The census 
will be again taken by the Government of the United States in the year 
1860, and that which has just been completed, may without inconvenience 
b^ acted upon until that period. 

Third : That the first section of the ninth Article of the Constitution be 
repealed, and the duties of the Superintendent of Public Instruction devolve 
upon the Secretary of State, or upon Commissioners to be diosen by the 
people of each school district or township. 

The office of Superintendent of Public Instruction, as a distinct depart- 
ment, is of very doubtful necessity, as an original question ; and if, under 
any circumstances, it, were desirable, can now, with propriety, be dispensed 
with, and thus relieve the Treasa]*y annually to the amount of the salary 
and contingencies of that office. In adopting the policy proposed, we fdlow 
the example of a large majority of our sister States on this interesting sub- ^ 
jeet. On examination, it will be found that more than two-thirds of tiie 
members of the Confederacy have, after mature experience, in some of them, 
finally settled down on the measure advocated by this amendment. The 
States of Vermont and Wisconsin are the only ones which have constituted 
this a separate and independent office ; New York, Massachusetts, Illinois, 
and Pennsylvania have merged the duties of this office in that of the Secre- 
tary of State ; Indiana has placed tiiem in the hands of the State Treasurer ; 
Connecticut, with the State Auditor ; and Maine, New Hampshire, Loms- 
lana, Mississippi, Alabama, Florida, Geor^, and Missouri, have divided 

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ife [Wednesdat, 

ttmn out aaaDg Qonmiiflsioners elected by the people of the varioiB sohool 
districta« Such oommanding precedents shoidd not be disregarded bj ns. 

The fundamental law of goTemment, which can only be changed after 
long and strenuous effort, it would seem, should be confined to provisions 
for great and admitted principles and measures, and leave the ways and 
means of carrying thoee great truths into effect to the wisdom and patriot* 
ism of the legislative power, acting under a knowledge of the peculiar cir- 
oumstances of the times. 

Fourth : The twenty-fifth section of the fourth Article is equivocal and 
doubtful in its construction, and would seem to impose a novel, unneces- 
sary, expensive, and — as it has been sometimes acted on — inoperative 
duty. It provides that, in order to revise or amend an Act or section, the 
Act or section proposed to be amended, must be re-enacted and re-pub- 
lished at length. This requisition increases considerably our printing 
expenditures, and from the useless labor required, is frequently disre- 
garded in practice. Thus, at one and the same time teaching us to evade 
die solemn injunctions of th^ Constitution which we have sworn to sup- 
port, and uselessly enhancing the demands upon the Treasury. 

I therefore recommend that the portion of this section liable to these ob- 
jections be repealed, and that the section be left to read, ^' Every law en- 
acted by the Legislature shall embrace but one object, and that shall be 
expressed in its title.'' 

Fifth : That the 18th section of the 6th Article of the Constitution, 
providing for the election of Surveyor- General, be amended, and that the 
whole matter of the necessity of appointment or election of such officer 
be confided to the Legislature. The reasons for this recommendation are 
the same as those which obtain in the case of the Superintendent of Pub- 
lic Instruction. 

Sixth: The* 8th section of the 11th Article provides that the Fiscal 
year shall commence on the first day of July. I recommend that this 
section be so amended as to make the commencement of the fiscal year 
on the fifteenth of December. The reasons for this change will readily 
ptesent themselves. Under the existing provision, the T legislature which 
assembles on the first Monday of January, cannot obtain satisfactory in- 
formation from the Annual Reports of the Comptroller and Treasurer as 
to the condition of the State finances, after the first day of July preced- 
ing. And, consequently, it becomes necessary for this information to be 
obtained by special resolution, always at great expense of time and labor 
t6 those officers. If the change suggested, however, were made, the re- 
ports of these officers would display the condition of our finances up to 
the fifiteenth of December, and much more satisfactory. 

These alterations are suggested under a solemn sense of duty, believing 
tbem not only conducive to the interests of the State, but absolutely es- 
sential to our prosperity and welfare. By adopting the method of amend* 
ment pointed out by the section of the Constitution to which I have re- 
ferred, you will avoid the expense and agitation of calling a Convention 
of the State, and it is hoped that this course will commend itself to your 
judgment as the most prudent and desirable. 

The office of Superintendent of Public Buildings is believed to be un- 
necessary, and a useless burden to the Treasury. I recommend, there- 
fore, that the law creating that dffice, unless ^t expired by limitation on 

^ 

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Jan. 5.3 19 

the first of Januarjr, as is believed to be the om^, be repealed^ end ttM 
the duties thereof to be required to performed by some one, or all of the 
State officers, without additional compensation ; or that some other disr 
position be made of those duties which will relieve the Treasury of the 
expenditures incident to that office. In this, too, we follow the exaipple 
of most of our sister jStates. New York vests these duties in the Goy<? 
emor, Lieutenant Governor, Spealcer ot Assembhr, Secretary of State,t 
Attorney General, and Comptroller, by right of office. Mississippi vest^ 
them ill the Auditor and Treasurer of State. Illinois places them with 
the Secretary of State. Wisconsin with the Governor alone. In no State 
of the Union, save that of Missouri, can I find this constituted a separate 
and distinct office. 

Our Judicial Districts are much more numerous than our necessities 
seem to demand. We now have eleven District Judges, with salaries 
ranging from three thousand to seven thousand five hundred doilar$ 
each. These might well be curtailed to eight, and thus effect a consid- 
erable saving to ihe Treasury. I recommend that this be done, and that 
the County Attorney system be also changed to that of the election of 
one.Atlorney for each Judicial District, to be compensated by the fees of 
office. This latter provision will relieve the county treasuries of th^ 
salaries of these officers, and invest the office with more importance and 
dignity, besides saving to the State the annual sum of five thousand dol- 
lars now paid to the District Attorney of San Francisco County. 

The State Prison Inspecctors, authorized bythe Act of April 85th, 1861, 
are not required, and are an unnecessary charge upon the State, their 
salaries amounting to $2,000 per annum, each. These may be disp^ised 
with without detriment to this particular branch of the public service, and 
their duties devolved on a board composed of any three of the State 
officers, without sulditiona^ compensation. By adopting this sv^gestbo, 
a saving would be effected to the State of $6,000 annually. 

In pursuance of the system of retrenchment and reform proposed, I 
come now to consider the propriety of a further reduction of the salaries of 
officers of State and 'pay of members of the Legislature, The general 
ol])ect is to reduce both to a cash baais^ and thus to provide for their pay- 
ment in cash instead of, as heretofore, depreciated evidences of State in- 
debtedness, from which has been realized little if any more, than the sum 
at which it is now proposed to fix tliem* It is well understood that t^ese 
salaries and pay, practically, have been and are, to the extent of at least 
thirty three per cent., nominal, so far as the recipients of them are con- 
cerned ; while on the other hand, the effect is to burden the State with 
extravagant expenditures. The State must ultimately pay at the rate of 
$16 or $12 per diem, while the member receives in fact but $8 or $10. 
The reason of this is obvious. So long as we continue to exceed in our 
ammal expenses our anpuel revenae, the credit of the State must continae 
to be impaired, and its bonds, warrants, or other obligations depreciated'; 
and while the pay of members or salaries of officers are received in such 
depreciated evidences, a proportionate nominal increase of both is in justice 
required. I feel it mj duty, therefore, to earnestly present this important 
subject for your attentive consideration. 

The expenses of the Legislature, as well as the Executive Department of 



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20 [WEDHBSDAy, 

\ 
{lie State Ooyeroment, considered wHii reference to their ultimate payment, 
and in coA^ instead of fictitioas amounts, have been undeniablj exorbitant. 
The mileage and per diem of members, alone, have annually averaged over 
((220,000 since our organization as a State Government. This amount is 
exclusive of Lepslative printing— the printing of the laws and ioumals, and 
the contingent expenses of the ^o houses, which amount in the aggregate 
for the same period to $365,555 u6, an average of over $121,000 annuSlj. 
These exorbitant expenditures may and ought to be greatly reduced. So 
also with the Executive Department. The salaries paid oflScers of State, if 
fixed upon a cash basis, are unnecessarily large, and with proper discrimi- 
nations may bo reduced without practically diminishing the amount now 
received by them. 

The expenses incurred m the support and maintenance of our State Hos- 

S'talsytoo, are excessive and unwarranted by our present financial condition, 
^uch as we may regret the necessity, still it is certain, that as one of the 
means to restore the credit of the State and preserve it, the very large annual 
expenditures consequent upon the support of this system must needs be 
avoided. It appears from the Comptroller's Report that appropriations for 
our hospitals for the present fiscal year exceed the sum of $238,000. So 
great an outlay we are in no condition to sustain, even were the necessity 
for it greater than at present is believed to exist. I can do no less, there- 
fore, tiian earnestly recommend .that some measure be adopted, which, 
while it provides for the care of the indigent sick in such manner as the 
means and resources of the State justify, shall relieve the Treasury of the 
burdens of the existing hospital system. 

By adopting the suggestions whidb have been thus imperfectly submitted, 
it is estimated that axi annual saving may be efiected to the State of $512,7 00, 
which consists ef the following items : 

Surveyor General, - - - - 

Superintendent of PuWic Instruction, 
Superintendent of Public Buildings, 
Prison Inspectors, - - - - 

Biennial Sessions, ^ . . » 

Reduction of pay and mileage— pay to $8 per diem, 

mileage one-half, - - • - 

Limiting Sessions to ninety days, - - - 

Reducing transportation of Prisoners from one dollar 

to fifty cents per mile, which is recommended, 
State Hospitals. (See Report of Comptroller,) 
Reducing Salary of Governor to $7,000, 

" " Supreme Court Judges, $7,000, 

Reducing number of District Judges from 11 to 8, about. 
Salary of District Attorney of San Francisco, - 5,000 00 

It is not pretended, of course, that these estimates are entirely accurate, 
but by reference to the Report of the Comptroller they wijl be found to be 
very nearly correct ; sufficiently so, to show the necessity for immediate 

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$2,000 00 

- 4,600 00 
4,000 00 

- 6,000 00 
171,000 00 


110,000 00 
43,200 00 


- 8,000 00 
140,000 00 

- 3,000 00 
8,000 00 

i2;ooo 00 



Jan. 5.] 21 

le^latire action on the subject. When it is considered, that the amotink 
liiiis saved exceeds the annual revenue of the State, no other or further 
reason, it would seem, need be assigned to induce you to adopt the system 
of retrenchment from which such results must follow. 

Although the gentlemen now discharging the duties of the various ofiSces 
proposed to be dispensed with, as distinct oflSces, have been efficient, and 
rendered important service, still, believing that the duties appertaining to 
the said offices can be performed by others, without detriment to the public 
interest, I have, as a measure of economy, deemed it my duty to recommend 
their abolishment, and the duties thereof transferred to other officers of 
State. 

It will be seen that the enormous sum of $157,993 89, has been paid 
as interest on our three per cent, bonds, and that on the 15th of December 
last, the amount outstanding was $63,750, on which, interest to the amount 
of $63,700 had accrued. By adopting the reforms suggested — and re- 
lieving the State from the onerous interest, accruing on these three per 
cent, bonds, we mav certainly calculate, especially when it is considered 
that objects of taxation must annually increase, to defray, as they accrue, 
Mid in cash, all the expenses of an economical administration of the State 
Government. 

The interest upon our civil boods is well secured, and their ultimate re- 
demption provided for by the Sinking Fond. 

In this connection it is submitted that the revenue laws of the State will 
require revision and important alterations. 

The provisions of the Revenue Act of the 23d. of April, 1852, which im- 
poses a tax upon the sale of consigned goods, has met with much resistance 
in the city of Smi Franeisco. This measure is too important in its bearings 
upon the interests of the State to be neglected, and no means should be left 
imtried, consistent with the Constitution, to eniSbrce its provisions. I have 
been advised by the District Attorney of San Francbco County, (whose 
Beport is herewith submitted) that in July last he submitted to the Grand 
Jiiry,ton application of the Collector of the County, some two hundred in- 
dictments against parties charged with violating this Act, and that thouj^ 
informed by the County Judge, that the legal presumption was in favor of 
the constitutionality of the Act, the Grand Jury ignored the several bills 
presented under it. The reasons for the action of the Grand Jury are not 
expressly assigned, but in the opinion of the District Attorney, as well aa 
the counsel employed to assist him, " the evident hostility which it mani- 
fested to the act/' made it advisable not to institute any civil proceeding 
under it, but to await the action of the Legislature. I know of no better 
suggestion to make than that contained in the report of the Counsel employ- 
ed to assist the District Attorney — that *• proceedings both civil and criminal 
be authorized to be instituted in some other county to enforce compliance 
with its provbions." It is also further suggested that the clause of section 
seventy-seven, which gives to the vendor ajien on the owner of the goods, 
be repealed. 

I have to renew the recommendation contained in my special message of 
last winter, in relation to the receipt of Coraptrollcr's|Warrants for all State 
dues ; — a measure which it is believed will tend to secure an increased col- 



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32 [WEI>>IBflpAY^ 

leotion of revenue, aad at the same time serve to improve the credit of 
the State, not only in proportion as it diminishes the anK)UQt of herindebtr 
edness, biit as it also evidences aa intention on the part of the State to 
deal justly with its creditors. The hardship and injustice done to the 
holders of adjusted civil demands against the State, in refusing to receive 
these demands in payment of claims held by the State against them, is 
too obvious to be dwelt upon for a moment. Equity and good faith re- 
quire tliat this shall not longer continue to be the case. 

In a financial point of view, too, it cannot be doubted that the systena 
now in force operates injuriously upon the pecuniary affairs of the State. 
The injustice of the requirement to receive nothing but gold and silver^ 
notwithstanding the tax payer may hold an ascertained and adjusted in- 
debtedness of the State, is by many deemed so flagrant, that even well 
disposed persons, in view of it, are inclined to resist what they very nat- 
urally regard an illegal and burdensome exaction, and seek to avoid the 
payment of taxes, which, under other circumstances, would be cheerfully 
contributed. I cannot do less, therefore, than to earnestly recommend 
that the law be so changed as to authorize and direct collectors of taxes 
to receive these warrants. 

By an Act of the Legislature approved March 26th, 1851, certain pro- 
perty of the State known as the " Beach and Water Lot Property," was 
released to the city of San Francisco for the term of ninety nine years — 
the city to pay into the State Treasury twenty-five percent, upon all moneys 
arising /rom the disposition made of the property after the pas8ag;e of the 
Act. On the 1st day of May, 186i, another Act was passed, rehnquish* 
ing to the city certain Beach and Water Lot Property, upon the express 
condition that the titles which had beea theretofore granted by any Jus- 
tice of the Peace, should be confirnied. The conditions of neither Act 
have been compHed with. The requiremnnt to confirm grants made by 
Justices of the Peace has been wholly neglected, and but one thousjmd 
dollars have been paid into the State Treasury an<ler provisions of the 
second Section of the Act of March 26thj 18^1. 

The whole property it is understood, however, has been sold under ex- 
ecution to satisfy judgments obtained against the city. It is unnecessary 
to present a full history of the proceedings which resulted in the sale of 
this property and the litigation which has consequently ensued. The 
duty is now devolved on the agents of the State to adopt measures to se- 
cure, as far as possible, its legal and just rights in the premises. The 
Attorney General has instituted suit for the whole of the property thus 
relinquished, but sone time must necessarily elapse, before a decision of 
the questions involved can be had. I would recommend, therefore, that 
a Joint Committee be appointed, early in the session, charged with the 
duty of investigating the whole subject, and that they further examine 
and report whether the present limits of the city may nr>t, without injury 
to the harbor, be extended, and if so, it is recommended that the addition 
be divided into lots of suitable size and leased for a term of years, under 
the direction of the* Comptroller and Treasurer : the proceeds to be paid 
into the State Treasury. The right of the State to the use of this prop, 
erty, without injury to commerce, cannot be questioned : and the money 
arising therefrom would constitute an annual income which would form 



"o 



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Jak. 6.] 23 

an importa'Dt item in the amount required to defray the neoessarjr expen^ 
ae» of government 

I would also commend to your early consideration, that additional 
measures be adopted to secure escheated estates. It is believed that im- 
mensely valuable estates, which justly belong to California, are in the 
hands of, and held by, individuals. By the (Constitution, this species of 
property is set apart for educational purposes ; it is, iu fact, the inherit* 
ance.of the children of the State, and should be in all cases secured, and 
the proceeds appropriated as designed by the Constitution. 

By an act of the last session, 1 was required to employ councel to con* 
duct certain suits in San Francisco, arising under the revenue laws. In 
pursuance of this requisition, counsel were employed in the following ca^* 
ses in which injunctions had been sued out by the parties to restrain the 
sale of certain property levied on by the sheriffs of San Francisco and 
Solano counties, to satisfy the revenue assessments of the State : Mintum, 
Mezzie & Co., Pacific Wharf, Charles L, Wilson, Pacific Mail Steamship 
Co., and Cornelius Vanderbilt, against the Sheriff of San Francisco, and 
the Pacific Mail Steamship Co., against the Sheriff of Solano county. 
The above cases were all instituted to restrain the collection of the State 
(and County) tax, assessed under the revenue act of 1851. The first, 
fourth, fifth and sixth, upon complainants' property in vessels ; the second, 
upon complainants' property or franchise on Pacific Street Wharf; the 
third!, upon complainants' property or franchfse in the Mission Plank Road, 
The two first have been decided in favor of the State, upon appeal, by the 
Supreine Court ; and the third in consequence of the decision of the two 
first, has been dismissed. The fourth, fifih and sixth, are still pend- 
ing in the Federal Court. The result of these suits is of vast importance 
to the State, since the sum of perhaps $100,000 depends directly on it. 
The parties complainant are large capitalists interested in some of the 
heaviest business enterprises conducted in the State, and are realizing 
immense profits from them. They resist the payment of taxes on the 
ground that the owners of the property sought to be taxed, are citizens of 
other States of the Union, and subject to taxation on the same property in 
the place of their residence. The fact, however, is indisputaMe that the 
parties who are thus seeking to avoid a not unreasonable contribution 
towards the support of our State Government, are operating under the 
protection of its laws in immense enterprises, and amassing fortunes from 
its citizens, who unlike them, cheerfully contribute to the support of that 
government whose protection they enjoy. 

The subject of the future disposition of the lands within the State is 
daily assuming an increased importance. The unsettled condition of 
titles to this species of property has ever been, and still continues, a seri* 
ous obstacle to our prosperity. Thousands of our fellow citizens stand 
ready to invest their means, and bend their energies to the developement 
o( the agricultural resources of our rich and inviting soil, laying broad 
and deep the foundations of future prosperity, on that surest basis of 
State greatness and independence ; and thousands more of our most in- 
dustrious and enterprising population are anxiously awaiting the action 
of Congress, which is to secure to themselves and families comfortable 
and pern.anent homesteads. 

Perhaps two thirds of the most valuable agricultural lands of the State 

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24 [Wbduebday, 

ate claimed under Mexican or Spanish grants, the validity of which is 
yet undetermined. This is a subject which commands the immediate con* 
sideration of the Legislatore. Some plan should be devised by which these 
claims may be more speedily and satisfactorily disposed of than by that 
which now exists. The present law of Congress on this subject is conceded 
to be defective. The circuitous and irregular proceedings requured under 
it, through a Board of Commissioners, might be well and beneficially dis- 
pensed with, and these claims brought directly into the Distriot Court of the 
United States, where the rules of legal evidence are observed ; where wit- 
nesses are brought into court, examined and cross-examined, and where all 
the parties interested can be heard by counsel. Commissioners acting under 
the existing law, defective as it is conceded to be, have made or will here- 
after make, few decisions which will not be appealed to the District Court. 
It must, therefore, be readily perceived how it will operate a great saving 
of time and expense to require them, in the first instance, to be brought be- 
fore this judicial tribunal. I recommend that Congress be memorialized on 
the subject, with a view to the repeal of the present law, and the passage of 
an Act prescribing the mode of bringing these claims for adjudication and 
settlement at once before the United States District Court. 

The superior importance of agriculture in promoting the prosperity^[of 
States is too well understood, and too universallv conceded, to require ex- 
tended comment. For the encouragement of this interest, and as an induce - 
ment to diversity of pursuits amongst the people of the State, I respectfully 
call your attention to the propriety of again exerting the influence of the 
Legislature in an efibrt to obtain the passage of a law by Congress donating 
the public lands in limited quantities to actual settlers. 

The interests of both State and nation will^unquestionably'^ibe best^ sub- 
served by thus donating the public domain in small tracts. It will induce 
emigration to the State ; greatly increase the amount of taxable property ; 
and, above all, secure to us an abundance of the necessaries of life produced 
at home ; and thus retain amongst ourselves, to be applied in extending 
agricultural operations, the millions now expended annually for products of 
foreign growth. 

An additional argument to enforce prompt' and energetic action on this 
interesting subject, is found in the fact, that in consequence of the inade- 
quate cultivation of the vast and productive lands of the State, it is now and 
will hereafter be in the power of unscrupulous capitalists and speculators to 
monopolize the very necessaries of life, and thus reduce the laboring classes 
of our citizens, in many cases, to the verge of starvation. 

It has been customary, also, for Congress to donate to the difieront States 
on their admission into the Union, lands for schools, universities and semina- 
ries of learning. 

This was not done in the case of California. It is true that by our ad- 
mission, under the present Constitution, the diversion which that instrument 
makes of the 600,000 acres, donated for internal improvements to school 
purposes, was sanctioned by Congress ; but this leaves our Internal Im- 
provement Fund vacant. Other States have received both the internal im- 
provement and school lands, besides special donations for universities, capi- 
tol buildings, and other objects. 

Your attention is again respectfully directed to an Act of Congress passed 

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8e»leiiiber 28th, 1851, eniiiled '' AaA^tto eo^ble the.St«to of; A^lmMf 
and other States to reclaim the swamp lands within their limits." tfnder 
the proYisions of this Act the State of California will he entitled i to xnajcty 
tiboQsanda of acxes of yotj valuable lands ; some practical disposition <oi 
which it will be necessary to make* When the Secretary of the I»^ri<^ 
aball haye made out accuraito lists or plats ot sai4 lands, it is made my dxJsj 
to apply for a piatent to the State : on tiia issuance of which, ih^ fee simpb 
to said lands vests m the State, 8i^jeot.to the diBposal of the- Legislaturio^ 
To avail ounwlves of the benefits of this Aot| st^ should At once he takoa 
and an eoonoiaiesl plan of operaticms devised^ to eftet the early redamatiou 
of the lands thereby donated. During the past two years, hundreds of our 
enterprising citiaens have located upon these lands, and, at considerable exf 
pense and labor, made valuable improvements thereon. Justice and sound 
policy requires that they should be secured in their possessions on ihe most 
reasonable terms. The more liberal the terms, the more certain and pv(»apt 
will be the redamatiou of these Jands and their improvement. Their speedy 
settlement and cultivation is a matter of great momeirt to the State, because 
it will add immensely to the amount of taxable property ; and thus of course 
gready increase our revenue. A partial knowledge of the location ct these 
lands, as well as careful reflection, has satisfied me that their redamatiou 
can be best efiected by donating them to actual settlers, in fixed quantities, 
upon the same terms that we have received them from the General Grovem- 
ment. The State must either reclaim each tract as sold, or devise a gen- 
eral plan of operations, which, by means of drains or levees, will reclaim thd 
▼hole. Such a work wUi not only require years of labor, and much more 
treasure than will ever be realized from their siJe, but will delay their im- 
provement and greatiy retard the prosperity of the State. I therefoEre re- 
commend the passage of an Act donating these lands to actual settiers, in 
quantities not exceeding three hundred and twenty acr^s, if such limitation 
is considered judicious as a means of recltoation, upon condition that the 
settler shall defray the expense of selection, and witmn a stated period re* 
claim the land occupied ; tiie land to be subject to taxation from and after 
the day of location. 

I 8^ adhere to the opinion expressed in my special message of the 80th 
January last, that the sale or lease of the mberal lands by the Oenera} 
Government, would exert a. blighting influence upon the advancing prosper*- 
ify of our growing State, aud paralyse the energies of the enterj^nsmg body 
of men now engi^ged in developmg the miner^. resources of CaUfomia. At 
present there are no exactions upon labor in the mines. AU that can be 
gathered from the bed sands of our rivers, or diig from the deep recesses of 
oor hills, belongs to tiie industrious and adveniturous miner ; and the knowl- 
edge that such is the fact, encourages to perseverance in well d^!eoted 
dforts to secure the hidden treasure. The reasons are indeed numerous 
and cogent why the National Government, in oommon justice, should make 
Bo additional exactions upon the industry and enterprise of our people, nor 
pursue a cowqse of policy favored by none except those interested in the eSr 
tsblishment of powerful mcmopolies, against the domination of which Qot- 
emment should assiduously guard. 

By recent decisions of the Board of Land Commfamfmers, eztsnsive 
4 



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26- [WBDJrBSDAY, 

tracts of prineral lands have be^n confirmed to the claimants. In this im- 
portant matter, I conceive it to be your duty to interpose so far as 'to 
secure, through our Representatives in Congress, an appeal of those cases 
to the highest judicial tribunal in the country. In this (Connection it may 
be proper to state, that the Secretary of the Interior, in a communication 
to Congress, contended, and rightfully as I believe, that the minerals 
within every grant of land made by Spain and Mexico were reserved, 
and that such had ever been the policy of both governments. In view, 
therefore, of tKe immense importance of this question to the people of 
California, I would respectfully recommend your prompt interposition — 
that you express the will of the State in the form of respectful resolutions, 
instructing our Senators and Representatives in Congress to adopt the 
necessary measures to secure an appeal, oi these cases, to the Supreme 
Court of the United States. 

The claim of the State against the General Government for revenue 
collected from our people before the laws and Constitution of the United 
States had been extended over us, should not be neglected. We are justly 
entitled to it, beoause we were contributing to the support of a Govern* 
ment which extended us no protection, and levied its burdens without 
pecufing to us the corresponding benefits which we had a right to expect 
.This subject has been so frequently presented, that it is not now consider- 
ed necessary to do more than direct your attention to it. 

Under the provisions of an act entitled an "Act providing for the erec- 
tion of a State Prison," the Prison Commissioners selected San duentia 
Point, in the County of Marin, as a suitable location, and purchased 
twenty acres of land for this purpose. They also, as authorized by the 
fourth and fifth sections of said Act, prepared and adopted a plan for a 
State Prison, and after giving the notice required by law, awarded the 
contract for the erection of the same. Under the proviso to the sixth 
section of the Act, I examined the proposals and approved the award — 
the contract having been awarded to the lowest responsible bidder. 

It is proper here to remark in explanation, that in my opinion, tho law 
does not require the Governor in the first instance to examine the plan of 
the building, nor to decide whether its erection, in qiccordance with the 
plan adopted by the Commissioners, would require too great an expendi- 
ture of public money. His only duty imder the proviso to the sixth sec- 
tion was conceived to be, to consider and decide whether the contract had 
been awarded to the lowest responsible bidder. In this opinion I was 
sustained by the Attorney General. The work having been awarded by 
the Commissioners to the lowest responsible bidder, the award was a|>- 
proved by me on the sixth day of October. By reference to the law it 
will be observed, that the seventh section distinctly designates the Prison 
Commissioners as the parties to sign the contract on the part of the State. 
On the ninth of October the Prison Commissioners entered into a contract, 
which contract was placed on file in the office of the Secretary of State 
on the thirteenth of the same month. It is proper here to state, that 
<iifferent constructions are given to the eighth section, under which as 
yet, however, iio official act has been performed ; and, indeed, the incon- 
gruities and conflicting provisions of the entire act are apparent, and ren- 
der official action under it difficult and doubtful in the extreme. 

I have therefore considered it proper to transmit for your examination 

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Jan. 6.] 27 

a copy of the contract, (See Senate Appendix No. 7,) aa well as direct 
your alteation to the imperfectiona of the law, and commend the whole 
subject to your careful consideration. 

The amount appropriated by the last Legislature for the relief of the 
Overland Emigration to, this State, has been devoted to the object desisned 
by that body, and has served to mitigate the sufferings and save the lives 
of numbers of valuable citizens. The report of the agents herewith sub- 
mitted, will more fully and in detail exhibit their operations. (See Senate 
Appendix No. 8.) 

The report of the Superintendent of Public Instruction contains many 
valuable suggestions on the interesting subject of Education. California 
will, probably, as soon as it can be judiciously expended, possess ample 
means to foster and sustain a system of common school education, which 
must in lime give a high character to our civil institutions. The fund 
applicable to this object, the interest on which is to be annually appro- 
priated for the exclusive support of Common Schools, is now nearly two 
hundred thousand dollars, and when the residue of the school lands are 
sold, will amount to one million. This considerable sum is still not the 
full extent of our means, or the only resource upon which our Common 
School system rests its future prospects and hopes. The last Legislature, 
alive to the great interests of education, and rerarding its permanent and 
liberal support as intimately interwoven with the fiist duties of the repre- 
sentatives of a government which has derived form and vitality, and the 
future existence of which may be said to depend upon the intelligence of 
the people, wisely made provision for an additional sum pledged to the 
extension of the blessings and bounties of knowledge and science to every^ 
fiimily within this, the youngest State of the confederacy. The addi- 
tional means relied upon, consists in an annual tax of five cents of the 
thirty imposed on each one hundred doUarsof valuation, which has already 
commen<^ flowing. into the treasury, and on the 15th of December last 
amounted to $10,687 16 ; and the amount of interest due on the School 
Land Fund on the first day of January, $6,412 3] ; making a total of 
$l'u|'099 46, now in the treasury. The amount of assessment, deducting 
expenses of collection, $22,696 26, of which sum $12,009 10 is still due 
from the several County Treasuries. \ 

The amount realized annually from taxation, as welt as. the interest 
accruing on the amount derived from the sale of school lands, has been 
set apart for the sustenance of this ennobling system^ from which, in a 
few years, the children of the State will reap th^ rich reward it promiseSp 
and participate in the blessings of mental culture and improvement dis* 
pensed by it. 

The project of connecting the Pacific with the Atlantic Ocean by means 
6f a railroad, may be said to have already been favorably considered by 
Congress, an appropriation having been made at its last session to defray 
the expenses of examining the several routes represented as practicable. 
Regarding it as a well understood and conceded fact, that the people of 
California are at least as deeply interested in this great work as those of 
any other section of the Union, an expression in its favor from their imn^e* 
diate representatives is expected by its advocates, and must have an in- 
fluence with the representatives of ^the nation at large. It is not my pur* 

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8 [Wedkbbday, 

j^/however, At t bis time to point out the great comttietcial advantages 
t6 be derived ftom it, nor to spread before you fiwts demonstrative of its 
practicability; for in truth, at this. time, but few question its febsibiltty, 
ailil all here Concede thit In common irith the people of the Union, the 
ohittensof California 'must derive incalculable benefits from its construc- 
tiori. I would therefore recommend that you again press the subject upon .jq 
ttoattention of Congress b ttie mumfer you may deem best calculated to - 
Ike^ttipliiBh the object dented. 

By reference to the compilation of the census of the State, i^ceiVed frotn 
fltiB Secretary of State, to be btosmltted in a few days, you will nerceive 
thit in the space of two yeais, our population has, not unexpeotemy, how- 
evedr, greatly increased, i our attention is particularly invited to an ezami- 
ikation of the statistics which this docrOnent cCmtalins ; alfordmg as they do, 
the iDost valuable and interesting information in relation to the wealth and 
resources of the State. The progress we have made, as exhibited by these 
returns, in all the arts and pursuits which identify a people with the perma- 
nent interests of their State, and affording assurances of continued advance- 
ment, is matter of high gratolation and iust pride. Bich m minerals, pro- 
lific of other resources, possessing a population unequalled in enterprise and 
fearless energv, and hiding, as it were, the key to the incalculable com- 
merce of the Eastern World, the most dreaming visionary can scarcely paint 
too eoctcavagantiy the piotm*e of the future greatness of our adopted State. 
Prudence, wisdom, and vigilance, in the management of her affiurs, with the 
natural advantages possessed, cannot fail to work out a destiny at once the 
wonder and admiration of the world, and more than realise tiie hopes and 
expectations of those distinguished patriots and statesmen who so efficientiy 
labored to acqwre it 

31ie inadequacy of the munerioal force of the United States attadied to 
ike Padfio Dirrision of the Anky for the protection of oar citizens acainst 
Indilm dei^rodatbns, bu unfoFttLtely fai£rfa, been too .ppaKnt, ,S^ 
tinues ^ be « adbject 6f just oomphint. Tbud number of regular troops de- 
tailed: fixriservioe in Oalimnia, has mt^ at any time, been proportionate to 
the demands of 'the servioei The Indians upon our fixmtier are still hostile, 
and collisions between tiiem and the whites have, durins the past summer, 
bveniof fi^uent oceu»reBfee,'and many of our most estimable and useful 
eitiseiis beensaertficed in consequence of tiie neglect of the General Govern* 
ttent to make adequate imlkttty ptfMmxm for our protection. The defence 
of the fiNmtier has already made our State responsible fof a debt of more 
than f800;000. This subject should be eamestiy presented, and the strong ^ 
and decisive interposition of the General Government, if possible, secured. 

The annuail Reports <tf tiie CotoptroHer of State, (see Senate Appetidix 
Wo, 1,) Tftabtirer of Stafej (see'Senate Appendix No. 2,) Surveyor Gen- 
ebl, (see Senate Appendix No. 8,) and Quartcfr-Master General, (see 
SAiate Appendix No. 4,) are herewith transmitted. They vdll be found to 
dbntain teh&ble and important statistics and many weQ matured suggestions, 
to iifhich you will find it necessary to make frequent reference, in the per- 
fottbance of your legislative labors. I also herewith transmit a communica- 
tion from !Brigadier^General Hitchcock, the officer in command of the Pacific 
Division of the tjnited States Araiy, exhibiting tiie number of troops under 

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Jas. 5.] 29 

his oommand, and desigatixig fbie points Whi^re ttactioned widnn the State. 
(See Senate Appendix No. 5.) 

The report of the commifctee appointed bj the Senate at the .last seasion 
to examine the books and accounts of the Comptroller and Treasurer of State 
is herewith transmitted. (See Senate Appendix No. 6.) 

By an Act passed at the last session^ the Governor was authorized to 
iHtx:are a saitable block of marble and transmit it to the Wadiington Monn- 
flient Soeietj. Following the plan underotood to have been. adopted by the 
other States, I made arrangements for three piebes of diffisrent shades and 
differently variegated, which were intended to represent the three important 
events in our history — the acquisctton of California by treaty, adoption of 
the Constitation, and admission of the State into thi^ Union. Two <^ these 
were delivered at Sacramento city, but were destroyed by the great filre of 
November last, and before the delivery of the third. The block seeured is 
four feet in length and twenty«>two inches square. It is now in Saeratntoto' 
city, and will be shipped without unnecessary delay. 

it will be recollected that the block of quartz transmitted in 1850, though 
perhaps not formally rejected by the Washington Monument Society, was 
by onr Representatives in Congress and other citizens at Washington de- 
cided to be unworthy the State, and the Legislature was memorisJized to 
procure and furnish another. I have endeavored to procure a block which 
should reflect honor on the State ; and although the original design has been 
defeated by the destruction of two of the pieces, that remaining is very 
beautiful, and I doubt not will compare favorably with any of the various 
specimens of marble presented by the other States. 

I will be pardoned the suggestion, that whatever measures you may find 
it necessary to adopt, should be acted upon with promptness and dispatch, 
BO far as it can be done consistently with due deliberation, and delivered to 
me for approval a' sufficient length of time before adjournment, to enable me 
to give them proper consideration. The propriety of this suggestion will be 
appreciated, when it is understood that over one-third of the -whole number 
of Acts passed by the last Legislature, and at leak one^kalf of the i most iin- 
portMit, were presented for my approval within die three last days of the 
session. 

In conclusion, allow me to express the hope; that whatever ineasures you 
shall mature, wi& the single object of promoting the well being of the State, 
whose intereetft yotf k-epresent, may folly realize your most sanguine expec- 
tations, and result in attaining those blessings, civil and political, which it is 
the grand demgn of all well regulated>and wisely administered governabents 
to seeure ; abd to renew the assuriiice thSf it will at all times be my faigb* 
est pleasure to co-operate with yqu.- 

Under the guidance and pceteetiftg care of that Divine Goodness which 
has nurtured and preserved us heretofore, let us enter with cheerful cof£r 
dence upon the laoors awaiting us ini^e futnie. 

JOHN BIOLSE. 

Cnr OF VALt^d, January 8, 1853. 



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3fO' ' [THUKaDAY, 

• Mr. Caimej moved iopiint 5000 oopies of the message in English, 2500 
in Spanish, and 2000 in German. 

Not agreed to. 

Mr. Covarrubias moved to print 1000 copies in Spanish. 

Agreed to. 

Mr. Garpentier moved to print 1000 eopies in German. 

Not agreed to. 

The Speaker laid before the HoEse sundry docnments which accompanied 
the Goremor's message ; wlujch^on motion of Mr. McMeans, were laid on 
the table. 

The Speaker also laid before ihe House, papers in reference to the ood- 
test of the seat of Mr. Carpentier. 

Which vere also lidd upon the table. 

On motion of Mr. Heydenfeldt, the House adjourned until to-morrow at 
10 o'clock, A. M. 



HOUSE OF ASSEMBLY. 



Thursdat, January 6^ 1853. 

19ie House met pursuant to adjournment. 

The roll was called by the Clerk, and the following members were absent:. 
Messrs. Blake, Bostwick, Covarrubias, Fairfax, Gardner, Irwin, Lee, McFar-* 
land, Thomas and Yeiser. 

The Journal of yesterday was read, amended and approved. 

The Speaker announced the House ready to proceed to business, 

Mr. Mc Means introduced a bill to fix the times of }iolding cidurts in tho 
eleventh Judicial District. 

Which was read a first and second time and referred t^i a special com- 
Huttee ; Messrs. McMeans, Myres, Carpentier, Hydenfeldt, Garfield and 
Caldwell were appointed said committee. 

Mr. Robinson gave notice that at an early day he would introduce ^e 
following bills : . ^ . 

An Act to amend an Act.^fititled an. Act to regulate proceedings in civil 
cases in the Courts of Justice of this State, passed April 29th, 1851. 

An Act to amend an Act entitled an Act concerning the Courts of Jus- 
tice of this State, and Judicial Officers, passed March 11, 1851. 

An Act to amend an Act entitled i|n,Act to anoLend an Act entitled an 
Act concerning Crimes and Punishments, passed April 22, 1851. 



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Jah. 6.] 31 

An Act to provide a method of suppl3ring public records that have been 
lost or destroyed. 

An Act to amend an Act entitled an Act prescribing the mode of main- 
taining and defending possessory actions on public lands in this State, 
appipved April 20, 1832. 

Mr. Wing gave notice that he would on Monday next, or some day 
thereafter, introduce a bill entitled 
An Act to suppress Gambling. 

Mr, Carpentier introduced a bill to authorize certain officers to qualify 
and enter upon their official duties. 

Read a first and second time and ordered to a third reading on to-mor- 
row. 

Mr, Canney, Chairman, made the following report : 

The select committee appointed to draft standing rules and orders for 
the House of Assembly of the State of California, have had the same un- 
der consideration, and beg leave to make the following report, and recom- 
mend its adoption. 

Pending the reading of the report, on motion of Mr. Heydenfeldt, the 
House took a recess of one hour. 

The House re- assembled. 

Mr. McMeans moved to strike out fifty cents, where it occurs for mile- 
age to witnesses, and insert thirty cents. 

Agreed to. 

Mr. Johnson moved to strike out fifty cents^ where it occurs for mileage 
to the Sergeant-at-Arms, and insert thirty cents. 

Agreed to. 

Mr. Snyder moved to strike out the standing committee on Indian Re- 
servations. 

Agreed to. 

Mr. Johnson moved to strike out " canals," in the fifty-ninth rule, and 
insert *' highways." 

Agreed to. 

Mr. Hoff moved to strike out standing committee on Indian Afiairs, and 
devolve their duties upon the Committee on Military Affiiirs. 

Not agreed to. 

Mr. McMeans moved to adopt the rules reported by the Committee, as 
amended. 

Agreed to. (See Apf)endix No. 1.) 

Mr. Johnson gave notice that he would, at an early day, introduce the 
following bills : 

To amend An Act to regulate fees of Public Officers. 

To amend An Act to provide for levying, assessing and collecting Pub- 
lic Revenue. 

To amend An Act to create a Board of Supervisors for the counties of 
this State, and to define their duties. 

To amend An Act to incorporate the City of Sacramento. 

An Act to provide for funding the Public Debt of Sacramento County. 

An Act to regulate the salaries of Officers and pay of Members of the 
Legislature. 

An Act to regulate Elections. 

Mr. McMeans offered the following resolution : 



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32 [Thumi^at, 

Reaohed^ By the Assembly, the Senate conoumngf that the Public 
Printers for the State be and are hereby required to execute so much of 
the public printing as may be necessary for the dispatch of business dur- 
ing the present session of the Legislature, at the city of Vallejo, 

Mn Canney moved to lay the resolution on the table. 

Agreed to. 

Mr. Hoff introduced a Joint Resolution creating a committee to inres- 
tigate the passage of the State Prison Bill last session. 

Adopted. 

Messrs. Hoff, McCandlesS) Snyder, Conness and Canney were appoiated 
on the part of the House. 

Mr. Wing offered the following, whicli was adopted. 

Resolvedt That the Sergeant-at-Anns have leave of absence for two 
days, for the purposie of procuring articles necessary for the use of the 
Assembly. 

Mr. Conness moved that two hundred copies of the Rules of the House 
be printed, and that one hundred copies be for the use of the Bouse, and 
one hundred copies deposited with the Secretary of State. 

Agreed to. 

Mr. Johnston moved to reconsider the vote just taken. 

Agreed to. 

Mr. Crenshaw moved to amend the motion made by Mr. Conness, by 
printing one hundred copies of the rules, for the use of the House. 

Agreed to. 

The following message was received from the Senate : 

Mr. Speaker : 

I am instructed to inform* the Assembly, that the Senate this day pass- 
ed a bill entitled an Act to fix the time of holding Court in the Eleventh 
Judicial District, and also, a Joint Resolution adopting the Joint Rules 
and Orders of the last Legislature. 

A. C. BRADFORD, Secretary. 

Mr. Bobinson offered the following, which on motion of Mr. Canney, 
was laid upon the table. 

Resolved, That the Sergeant-at-Arms be instructed to procure a ck)ck, 
to be placed in some conspicuous place in the Assembly Room, by which 
to regulate adjournment. 

On motion made by Mr. Moore, leave of absence was granted to Mr. 
Gardner for three days. 

Mr. Wing moved to reconsider the vote of yesterday, which refused to 
print one thousand copies of the Governor's Message in German. 

Upon which, Mr. Canney demanded the ayes and nays, seconded by 
two other members. 



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Xur. 6.] 



'33 



Hiose wiio voted to leoonsii 

Brushy 
Ganney, 

Cardoso, 

Faiifiuc, 

Garfield, 

Herberti 

Irwin, 

JohDCKm, 

Leo, 

Leake, 

MeMMih, 



were— 



.JIOOM,. . 

ifieddbgv 
Bobinson, 

: - i • Bbjider,^ 
Thoma#y 

WaU, 

'WilBoh, 
Wlng-i28. 



Thoee who voted against reeoncdderalio^ were-?- 



Messrs. Bostwiok, 
Cabaniss, 
Caldwell, 
Carhart, 
Conp^, 
Covarrobias, 
Crenshaw, 
Estep, 
Ewing, 
Flower, 
HaUy, 
Harnson, 
Heydenfeldt, 

So the vote was reconsidered. 



CitoedgB, _ 
Kniffht, 

Mandeville, 

Bfartin, 

McFariand, 

Owen, 

Beading, 

Sime, 

Taylor, 

Walker— 26. 






W 



lO 



Mr. Wing moredlo^iHz ikifk tKbiuttod' Vsd^ies in the German lan- 
guage. 

Mr. Fairfax offered the following as an amendment : 

Resolvedj That one thousand copies of the Governor's Message be 
minted in German, Provided^ the cost of such publication doM not. ez« 
ceed the cost of publication in fi^Pi^'cJf ^el^^'^i^^ 






Adopted. •; ' • " ■ "• ' 'r : ■ ' , ' 1 :rj' 

Mr. Cam^ ihbVed Ifiat {bti^Wodsaiidi iidaftionat &)^iJ4'>r m^ 
hot's Messnge be frnXoBi id EngPH;' ""Provide, llhere 1% ^ho adciifional 
expense for composition. . ^. .^ . , 

^Roc Hgreeci io« 

Senate Joint Resolutim to adopt Joint Joules uid Orders pf ^tfaa last 



LegLslatnie, read first 
6 



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Mr, Caipentier moved its reference to a.committee of three. 
Not agreed to. v i ^ ^ 

A motion was made, and carried, to have the Joint Rulf s read. 
After whiclf/iftll^JmitB]t»8J6ition of the Senate wad flld^^ted. 
Mr. McCandleis^offired the following : ^ - 

Besohedj Tbe^eiUite concurring, That the Ifig^akifxm will bold its 
present sessioninltfaerkity of Benicuu 

Laid upon tt^.tafaU. ...)t. > 

Mr. Brush tofxwbim adjourn. 

Not agreed ^/.-.^'; ,.ir . . 

Mr. Sny^ii^^trQditlbed the following : 



, ' •/' 4 



Resolved^ Thfrf)A||>ecia] committee of five be apppiatod to inquire and 
report to this Hpi^ ,irhat disposition was made of rtbeititoiiture in pos- 
session of the vAu^in^y at its last session, and i^/by ^rhat authority 
the furniture now In use, was purchased. 

On motion of Mr. Heydenfelt, the Jfliesolution was indefinitely post- 
poned. 

Mr. Crenshaw md^jBd to tdke from the table, th^^resotntion in reference 
to removal to theHlfy of Benicia, and make it the stjecial Ofder forto-mor- 
•row, atl2o'<aBfekr^^; 

Agreed to. •^'^ '' 

On motion oFMr. |hu«h, the House adjourned ufitil 10 o'clock, to mor- 
row. '''^•" '"'• ' ■'• ' ■"""* •"" 



.1 ';\.^-J' 


'. . ' 




•• 


4C^ -'. •'•; 


.'V 



'iui :m i r.; or. I f.i t lEOHfiBiOF AASlliQLY. 



I 

; members were absent : 



l^le'rblf Was ciSued by the Gierk, and Uie following i 
^-Messrs. Heydenfeldt, McCandless and Yeiser. 
. , . 3^iP^?i^ 9^^^.*^^'TW^fea4,,fti?^f^^^^ 

Om SketiaM^yLeBSts. Brash, Slower^ Herbert, Walk^ fx^ J^W^- 

<mI ild^y^ nafnO boA sdlufl. iJiiol jqotMVP^ floi^i^.s^cu^. 

Ok C%«aKmi-^)wen, VeUs and^McCfUij^^ baoi ^dinJfilaiaea 

S 

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On ulmmt^OreiBkh^^ 

On Waif 9 and itfeoiM— McMeans, Bell, Irwin, Hally, Meydenfeldt, Smidi 
todSittredge* 



•' \ 



Flower, Hoff and Jotnson. ... 



4 /i 



On JFVc&raJ .S«2afMm»— Garfield, Flower, Crenshaw, Thoauw, YanByk^ 
Robinson and Oliver. 

On Mimdry jiff airs' — dovftfrxtiBW, Merllert u , . 

On CbunUes and Chwnty JS(miu£iriei--«Ewing, (JbbiiDW^^ffA'Hlintk . . .\ 

On 0(>mmeree^^iiA6i% Boetwick,' JoEnson, Wilson, Blalce, Taylor an& 

Moore. .... . " 

Ai jiyri<n«Zh(ra— Eittredgf9,lJLefj9^ 

Oti^i^f^Sm' Affairs — Canney, Befuimg and ^ / 3 

t . i •. . ..':•■ .0 

(^.iSl2ti<;a<ian^--Furfiea » . 

0n Public JSia2(2m^a— Sime j M(^redi)ii* and'Carhari. . 

On PvbUc Ihpendiiwf^fiTr^v^t^ Oald^rell and Snyder. 

. Ori PvbUe Pnntui^— Snyder, Mapdeville,^ HaqrisoDf Brasb uA iHaUTost 

On J.cc<mfits— Connes9» MolS^ipiy and Taylor. H 

On Engro99ea 2»72s— Thomas, Blake and Wing. tiO 

On JE^ro^ i?i22f-^WW and BostwicL ;IIid 

On lf?ne« ani Mning Intere^tsrr^ni'AiM^ Mytes^ jEleddiai^'Bcfl^ B eai t of 
]ng,C!«miey,3nish, Cabaiiias and Wilsoo. .M 

. . ,Y«b 

On j$a^ PriB<mh-Moor», Iiealn,'Bfirtby : ' nA 

:.•'.■■■)'.] • -.0 ©oil 

.QnjlftZei|p9~Blak0,BiringakidBMe^ oA 

--.;.. :J edi 
Oh P^iNm} Ximd^^adoBo^ OWen, Wdlii, MeFtttandaod Enl^i' iM 

Ok ifiMbm oMi Jftsijbn XoifA^^ 
ttd GoTarrubias. Ili^ 



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36 C^BiuAr^^ 

Mr. MoMeaos made ihe .Mowingieport : ... 

The special committee, to whom was referred the bill for. Ah Act to fik 
the Ijine of holding the Coorts in.ihe.ElOTenth Judicial JDistrict, haye hf4 
the^«3fiJlffi«'3D^^ beg t^velto ^bimt'^f foDow ^ 

a substitate, and recommend its passage. " ''' ^'' ' ' ^ ' 

A^'fidfoptME ^- /;• ;^ 

The bin was then comd^red aa ei^grosse^. readtjittupl J3^ 

Itua^fH/^y^'iliAi fid mncli of liie Governor's message as relates to changes 

in Jhe Constitatiom be refeoed to a cpmipittee of thirteen 

Dim WM-T .o>li«ni ••■-'!// .a-- i«" ' . .>'■•» -5- y ^" '.' > 

Bfr. Brush moTed to refer the resolution to the Judiciary Committee. ^ 

Not agreed to. 

The resolution was then * adored ; and Messrs. Myres, Cannlsy , Sell, 
Pacheco, Moore, Herdenfel^t^ kittrj&dge, Tillman,, Hjally; McCa^dless, 
McMeans, LeJiky tmcTPflfrfax were aip^Jomted said coiiimittee. ' ' ' ' 

Mr. Leake gave notice thai) At an earij day he would introduce i^ bill to 
amend An Act concemiifg iHif xfourtii "of Justice 'In this State atidJ'udic'ial 
Officers; passed March 11th, 1851.^ 

Also, An Act to amend an Act' fo provide for theprotection of Foreigners, 
and to define their liabilitie^.and privil^^ ; 

Also, An Act to Fuiiff ^Iftie iJ^lrt df OfflKvertis County, and provide for 
the payment thereof. 

, Mr. Wing gave ndtice thskt he'would, at an early day, introduce a bill 
entitled An Act to amen,d an act. entitled an Act to provide for th^ pro- 
Uiotm^me^^, AmVfih&tte Ifheir'IiabHities aM privileges, approved 
May 4, 1852. 

Mr. Knight gave notice that on hdtae Aiture day, he would introdttce 
an amendment to the act entitled An Act defining "(be tin^e/or commepcing 
CSvil Actions. -^-'^^ '■'■ ''^^ ' ' " •''' '■^' ' • '^ '^ 

Mr. Hally gave notice that on soro^ future dav. he woijld iptroi^pce a 
bill to be entided An Act to protect tRStSfeftll^ In Uie value of^ all improve- 
ments put upon unimproved and on unsurveyed lands, which may prove 
tofcci&JUSi<9NV<bo%^k^ ^ 

Mr. Flower gave notice that he woufll^cfei Monday next or soito future 
day, introduce the following bills : 

An Act to.T0t»af1aii set ei^tftled an Act concerning the Courts of Jmr- 
tice of this State and Judicial Officers, approved March 27, 1852 j 

An Act to provide for the more pemci iiKl^fl^^ oXkd claafll^cafon of 
the Land Records of the City and County of San Francisco. 

Mr. O^MttitaJtittoChited aBIU' fo^^ Afi Ad 'to fix the IfenKis of Hie 
District Court for the third judicial district. 

AwAA^Ii^PjiJIeeMldiiife, aodfef^hed la the delegation namied in the 
Inll. 



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Mr. YftQ Dykegftye npiioe fliat ikt a^ eftrly day ke would introdofe JluB 

foDowmglijllB: . • 



A bin eniitled An Act to change and define &e Boundaries of Trinil^ aQ4 
Klamath ootmties ; al30^ 

A hiti to establish a nev County, to be called WashingtoD county. 

Mr. Cardozo gave notice that he would, at an early day, introduce a ]>9I 
for An Act to exempt all active Firemen of the Sta^ of GaU&mia fron^ Jury 
duly. 

Also, ai^ Actr fixing the.time they shall serve to be former esen^tf-^ 

Mr. Johnson offered the following resolution, which was adopted : 

RiBohedj IhtA the various matters oontaiued in the Oovemor's messago^ 
to which the attention of the !Le^lature is especially directed, be referred 
tffoUowa: 

To the Committee on the Judiciary, so much thereof as relates to District 
Judges ^d District A.ttomeYS ; to tiie tax on, consigned goocls ; beacl\ an^ 
vater lots, and escheated estates: 

To the Committee on Ways and Mesj^^so much thereof as relates to .iC^e 
revenue laws^ and finances of the State.' " ' 

To tiie Committee on Finance, so mucli thereof as relates to the receipts 
of Comptroller's warrants for public dues. 

To the Coi](imittee on State Prison, so mijich thereof as relates, to the offi*-' 
oes of State Prison Inspectors and State Prison. 

To the Committee on Public Lands, so much thereof as relates to puhlio ' 
and swamp lands in &is State. ' ' 

To the Committee on Federal Relations, so much thereof as relates to 
ptvate land claims and land titles, war debt of the State, and revenue col- ^ 
kcted withm the State prior to admission into the Union. 

To the Committee on Education, so much thereof as relates to the^reppr^' 
of Superintendent of Public Instruction and Education.. 

To the Committee on Public Buildings and Groundis, so much thereof as 
relates to the office of Superintendent of Public Buildings. 

To the Committee on rublic Expen^tures, so much thereof as relates to 
the salaries of public officers and members of the legislature, and public. ex- 



To the Committee on Roads and Highways, so much thereof as relates to 
the Atiantic and Pacific raibroad. 

Ifr. Cabaniss gave notice that on a fiiture day he would introduce a bill 
entitied An Act tor^prevent irresponsible men availing themselves of the 
general Corporation Act, and thereby monopolizing water privileges in the 
mining counties to the detriment of the mining interests. 

Mr. Canney gave notice tiiat on Monday, or some convenient day there- 
after, he would introduce a bill to apportion the Senatorial and Aissembly 
Districts throughout jh0 State, 

Mr. Myres gave, notice. that at some early day he would introduce a bill 
to recommend the call of a convention to revise and amend the Constitution. 

Senate bill for A& Act to fix the times of holding Court in the Eleventh 
Judicial District^ on.notidil of Mr. Myres, was indefinitely postponed. 



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Google 



38 [PBiAAt; 

B^. JoUtisdd gilV^ tiotfc^, that on ]tfohday"nex£, b^it would mbre to imeiiS, 
the Staoding Rules, so as to create a Committee on Stat^ Hospifia^l ax^ 
deffiie alttt'dulies. 

Mr. Crenshaw moved to take up the special order of the daj^ which was ' 
a resolution to hbid l£li']pr^sent session of the Le^Iatui'e at fienicia. 

Jtit agreed to. . « . . . 

Mr; eaaney offbred the following : 

Be%ohfei^ T&at th^^erg^t^aC-Ahns be ordereii .t6 ^ztish to die ord^ 
of each meilibery two duly and one weekly paper. 

Hr. Bifush moved to lay tlie' r^k*6lutioh on t&e tabjel 

Xgreed to. 

Mr. Heydenfeldt moved a call of the House, which was sustained. 

The Clerk called the.rollji find th^ followmg members were absent: Mv. 
McCAtidlesr and Mr. Speaker: . * 

On motibh of Mr. Gafiney, tile Sergeant-at-Arms' was dispatched after' 
the absent members. .,,..,., ^ ^ , 

Mr. Canhey moved to dispense wirn further proceedings under the call. 

Agreed to. 

1^. Van' Dyke introduced a J^oint Kesoludon of instructions to our Seni^ 
tors, in reference to Mail Routes in th^ northeiTi p^t of the State^ . 

Which was read and referred to the 'Committee on Federal Relati<ma, 
with instructions to report promptly.* 

1?he special ord'er^ being a ifesolutibn in reference" to removal to Benicia, 
eame^up for consideration. 

Mr. Ykn DVke offered, a Concurreiit R^k>Iution as a substitute^ propom^ 
to create' a jomt committee to' investigate the matter^ connectea with thef 
seat of government, &c. 

Upon' which Mr. McCandiess, dem'anded tiie ayes and nieiyiiy which was 
seconded by two other members. 

Those who voted i^. favor of the substitute, were^ 

Messrs. Canney, Messrs. Martin, - 

Cardozo, Mc6arry> 

Covarrubias, P'^^a, 

Ewing, Pacheco, 

Hoff, . , Van Dyke, 

Irwin, . Wells-48. 

Mandeville,, 

Thoflie who voted against the subsfitutis, were^^ 

Messrs. Blake, Messrs. Leid:e, 
Bostwick, Letcher, 

Birusfa, Meredia, 

Cabacdas, McOandless, 

r CvhhfeO, li«Fifl«id, 

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^^- .7-] 39 

MetMn. Oariiart, 

Carpentier, 

Goimess, 

Crenshaw, 

Eatep, . ;. - ^ -. 

Flower, 

-fially, 

Harrison, 

Herbert, 

gejdeofeldt, . ,. 

tmt," "■ "' * * 

Johnson, 
Kit^edge, 
Kni^t, 
Lee, 

• ''• . 
So the substitute did n^t p^« 

lir. Johnson moved to postpone l^e^sabject untS J^Q|^y, n^xtj^ ^nd putke 
it the sgecial order. "^ '^''' ' '"' / . 

Not agreed ' toV * ' ^ 

Ifir. MahdeiVilTci'iiKyyed io reconsider the vote which refused to posjtpojpe 
until Monday next. ,j . 

The vote was reconsidered. ' « • . , . . . ^ 
31 r. J[phnson then w;ithdrew ,his mojI^Q. to nQstpone until M{im^<VJ i^;pt, and 
moved to'f^ibonkiSiei: the vote whidli reru|ied% adopt the substitute 'opeced 
by Mr* y ad T5,yke. " .. ; . ^ .'.,'■ .,,.. '..].». 

We v/jte was rieconsidered. ' ' . , 

The ' Btil)dt3tute o£fered W Mr. "Van Dyke was then adopted, and Messrs. 
Yan Dyke, Crenshaw and Gonness were appointed on the part of the Bouse. 

Mr. Crenshaw presented sui^j documents relating toi^i^oi^tep^d election 
in Klamaih county, wiucH iby order w^fe referred to the Comnuttee on 



Messrs. McMeans, 
Moore, 
M^res, 
Oliver, 
-ReacQng, 
Bedding, 
Robinson, 
Rogers, 
Sime, 
Snyder, 
Taylor, 
Ihomas, 
Walker, 
Wilson, 
Wbg, 
Yeiser— 48. 



lectioiu^jand po;wer given to^the cqmmittpe to|€|iid forpei^o^p.f^;.!^ fff^^» 
Mr. 'Sjrei offerecl Bie'ifollowing^ wticii wiw adopted : \ . \ : 

S^otved^ That in consideration, oj^to-ifioijroWWi^ tl^e ^i^t dj^ of J^ 
narjr, the anniversary of the Baftjl© of jfTew (Orleans, thj^t.wljen we adjpurn, 
we a^ourn to meet on ^Monday next, ai 12 o'clock. . 

Mr. Irwin moved that the Judiciary Comriiittee^ the Committee on Ways 
and Means^ and the Committee on Elections, ie autliorizea, eacn, ijo ep(ip)oy 
a clerk ; which, on motion of Mr. Canney, was laid on the table. 

On motion pf Mr. Moore, the House adjourned. 



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•40 '[MoifDAT, 

'HOUSE OF ASSEMBLY. 

MoHDAf , Jixmrj 10, 1868. 

The House met pniauant to adjournment. 

There being no qaoram present, 

On motion of Mr. McMeans, the House adjourned until fi o'clock, P. M. 

2 o'clock, p. M. 

^e House met pursuant to adjournment. 

The roll was called, and the following members were absent : Messrs. 
Govarrubias, Crenshaw, Flower, Gardner, Hunt, McCandless, Moore and 
Teiser. 

The Journal of Friday was read and approved. 

The Speaker announced the House ready to proceed to business. 

Mr. Smith, member elect from Santa Olai^ county, appeared, was Quali- 
fied, and took his seat. 

Mr. Garfield, chaittnan, made tiie following report : ' 

The dommittee on Federal Relations, to whom was referred the Jdnt 
!Resolution in relation to the establishment of Post Offices and Post Jloads 
in the northern section of the State, haye had the same under consideration, 
and beg leaye to report them bi|ck to the House with but slight verbal 
amendments. . r 

The report of the committee was adopted and the resolutions passed* 

On motion, leave of absence for one day was granteci to Messrs* Gardner 
and Yeiser. 

According to previous notice dvez^ Mr. JohDson|movedfto create a^, com- 
mittee on State Hospitals, with ihe following instructions : It shall l)e the 
duty of the Committee on Staite Hospitals, to take into consideration] all 
such matters pertsdning to the Public Hospitals of tlds State, as shall be re- 
ferred to them by the House, and when the same shall become necessary, to 
report thereon, together with such propositions relating thereto as they may 
deem expedient. 

Adopted. 

Mr. MandevUle offered the following : 

BeBolvedj That the Speaker of the House be, and he is hereby author- 
ized to appoint one or more porters for this body, when, in his judgment it 

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«j 



no loDger required. 

Adopte^l 

ttr. Heyde^iftlA^.iidsrpd^ 1)1^ foe M Aj* t«^ ^blif|J|,%. j(|ri!M«|nt 

Bead first tune. 

Mr. Canney moved to vwit:%^l)ini.^ imm4(A^9gf^i «A WP : 

Those who voted to rej^f4,iffi^-m 



Ibsscs. Bell, 


; VmH-i^MWri^. 


Slji^. 




fttW^j 


Iff^f^J 


^^"^^WP^ » 


IjEudo^^^ 


Caldwell, 


S?S;. 




0|M^' 


Ciii^^flAtieA, 


QwM»«' ■ . . 


Vf ''!Wr?WWf*> 




5#te»i 


]|^e^dlJP8f 


£«>ri& 


T^fthinjtup^ 


Hally, 


Rogers, 


Harrison, 


y«»a?yji!fc 


Hert>ert, 


Walker, 


S9f^ 


W^k-^i. 


Those who Toted against rejeotioa, 


were— 


JtmmmJittMf^ . 




Qamm^ 


i . >aWiVh»^i 


CMoii),. 


V<l«Wfc 


Crenshaw, 


Mjnw 


lak&txv . 




liftiMI^ 


.. @iii|$),, 


Garfield, 


: ^^^FdlWk • 


9«fr4«Mre)d^,. 


^npi^tty 


Xnnn, 


^fyl'Mr 


littwdgfe 


^$PM( 


•^x>^^ 


Wb*^ 


Letcher, 
Martin, 


. ^I%»t^ 


Meredith, 




Settle bin was r(OM(«d.' 

W- n 1 •_» J J ^ t.*n # A 


_ A .X i.^ 1 At « A^__^_ 



Ifr. OardoBQ.inbpd^uy^d a bill for An Act to repeal the SMteenai seotioi^ 
of an Act entitled an Act to Fond the indebtedneaa of the State, which haa 
accrued or may accme tcfm^^fjikmii^*^ ftaftWjHteft*,. WfiJ^^illllu- 
8i?e, and to provide for the payment of the three per cent, bonds. 
6 

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^'^RMt^Stiit'tttid second .4Kta4, 'and ifefStMid '1o Cdii!mMUe;%B Wky% wai 
Means. • ; ' 

Mr. Garpentier introduced a bill for An Act to repeal an Act entitled an 
Act concerning Crimes and Punishments, passed April 22, 1851. 
' '-B^flB^ftistf tfme; ^ ordered t6 4 second tekSi^k^ tiMnorroW. " 

Mr. Garpentier gave notice that, at an early day, he w^«^ iiilredtfceflSbd 
following bills : , , , i 

•9V*abdifh'fii^'dffiM1>|P8ttte]^otiIn9p^ 

To repeal An Act creating the office of Superintendent^ Public Biuldings 
and Property, and defining the duties (rf^ttat'office-. ' 

To amend the Gharter of the town of Oakland. 

To provide fortte-itnitediate Publication of the Laws. •' ' ' 

To provide for «^ equ&l cUstribution of the School Mon^, and to protect 
the Improvements cfBeMers upon Lands presumptively rPubRc Lands. 

Also, that he wHJ at %, late day of the session, mtrodue^ bills to be enti- 
fled the Revised Sfetut^ of the State of California. 

Mr. McMeaaflf in1il[y>dr[ced a bill for An Act to set apaxt #fe thousand dol- 
lars to meet the cui^nt Contingent Expenses of the Astoillbly. 

Read first time and 'oMiered to a second reading on toHmorrow. 

Mr. McMeans also inWoduced a bill for An Act i^ukilEig the Comptroner 
to audit certain bSis of ^e members of the present Legislature*. 

Read first and secottd time, and referred to Commftlee en Ways and 
Means. ;' ' 

Mr. Brush <^red ^^e following : 

Mewlvedj Iftalriihe Committee ^on EIecti<m8 be empowered to employ a 
dork. 

Agreed to. 

Mr. Owen gbtf^ i^de tiAt, sK an early day, he would introduce a bill to* 
attach the Islainld called Signer or Mare Islan to Solano county. 

Also a bill to amend An Act to authorize William- Moody and Morgaa 
Hart to build a Whatf lb the county of Solano. 

Mr. Wing gave nd^^e^thatg at an earlv day, he would introduce a bill for 
An Act supplementid 'to an Act entitled an Act to eeta.blish a System oC 
Common Schools,' approved May 8, 1852. 

Also a bill for Ait AiA, to amend an Act entitled an Aet io regulate Feea 
in Office, passed May 1, 1851. 

Mr. Conness moved te reconsider the vote which g&ve to the Committee 
on Elections powe^to appomt a clerk, and demanded the ayeaund nays : 
.I'l. ■ . 

Those who^rotSd telfeconrider, were — 

Messrs. Canney, Messrs. Garfield, 

Garpentier, dime, - ' "i^ • 

Conness, Snyder^ 

ii' * •■ -"fiwing, ''•"• •'* A I / i'^ J';- *' t'Tayiop— B.v '•''''• ••'' 



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XmuMi^ 



4^1 



Ben, : . 


Meears. MandeT^tey » 


Blake, 


Martin, » 


Bostwick, .' 


Meredith, \ 


Brush, 


McCandle^s,) 


Gabamaf) : 


McFarlai^, > 


Caldwell,. 


McGany, . ; 


Carhart^ .; 


McMeans, 


GardoBOi 


Moore^ :: 


Goyanrttbiaa,' 


Myres, 


Crenshaw, < 


Oliver, .., 


Estep, ^ 
Faiifnz, , ;' 


Owen, 
Pacheco, 


Flower,. / 


RflftdmgL 


HaUy, 


Bedding, /. 


Harrison, j 


Bobinson, 


HerbeiA, ./ 


Bogers, 


He7den&14ty 


South,. .< 


Hoii; 


Thomas,, 


Irwm, 


Van Dyke, 


Johnson, - o- ,, .£. 


■ . y,.. : Wf4kf>r,.. . 


Kittredge, 


Welb, 


Knifiht, .. ./ 


Wilson, . I 


Lee, 

Leake,. 


Wmgi 


Letcher, 


..■ .{ 



.iT 



So the YOte waaapioit reconsidered. ; 

Mr. Robinson moved to take fix>m the table a resolution propoong to fiir- 
nish each member with two duly papers and |pi.)ir0ek^. . j - - .tt 

Agreed to. 

Mr. Van Dyke n»«i;^ te.j|qm4 t« Wlfefi^feVMtdfMUeeir or iMfeip jiKnal 
ta.ttft^,JWB|i^r„ ;, i-ai ..... . ... ^ .-. . '7 

Mr. Garfield moved to amend the f^i^iixfi^ bj iii|ii9rtiuo(g a gosy^pf each 
paper published in this State. 

Not agreed to. .-. . , ..... . • .. mi^ i 

The motion of Mr. Van Dyke was then adopted. 

Mr. Canney ii^ed te.7eemiipr the vote wmch adopted the msmkfi^t 
cfiiared by Mr. Yaf^J>jyif. , . : 

Mr. Wing m^iiml.^lfiefinitely postpone the motion to i^ftpoisider. 

Motion candect. : , • /; 

On the final pfW^Pof the resolution as amended, Mr. C^mness demanded 
the ayes and nay^;; ; • \ 



Those who voted fir the passage of the resolution, w^»r^ 



J » 



Messrs. Bell, / -. » 
Bost^viGk,. '} 



Messrs. Mai^levfflA,* 

Meredith^ i 
McCandljBifi 
MeFnilMM 



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M 



I JBwnMnEy' 



M MBn< CttBKJ^f 


Menn. McGanryy 


Gathart, 


McMeaii^» 


GardMb, 


Moore, 


VTCDBBSWy 


^, 


Estap, 


PachMO, 


EwiS, 


Beadkl, 


Faiifta, 


Beddittl, 




BoWbMNi, 


Herbei«^ 


Bo|*fc, 


Irwin, ■ 


Snuth, t 


J<Amadta, 


Thomas, 


EitMat^, 


VanDj*e, 


Enij^i, 


Walker, 


Lee, 


Welk, 


Leake, 


Wilsoa, 


Letcher, 


WfaiK 


Martin, 


Imm who Toted^tJIitibt the rMdation, were— 


Mesm. Blake, 


Messrs. HeydeiAlAt, 
HoB; 


CaldweO, 




Owen, 


GonnesB, 


Sime^- 


Flower, '^ 


Snyder, 


Garfield, 


%j*iJi-4!8. 


HaDy, 





80 tiie reflolation^ #M*fUiML 

Mr. McCandless moved to indefinitely postpone the moiion'^fb VMMJbr. 



Those who voted to postpone, were— 



Mil, 
Bostwiok, 



Gabaniss, 
^CtoliAy, 
Garhart, 
Garpentier, 
GaithttO, ' 
Covarmlnas, 



*\'M^ 




i ^WaalKte^nHe, 

McCandklHi, 

McGah«j% 
MoMeans, 

Myres, 
Ohver, 
PaeMdp, 
ReadiBjp, 



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ji*. io.3 



45 



Messrs. Flower, 
Harrison) 
Herbert, 
Hejdenfeldt, 
Irwiii, 
Johnson, 
Xittredgp, 
Eni^t, 
Lee, 
Leake, 
lietcher. 



Messrs. Bobinson, 
Bogen, 
Smith, 
(gliomas, 
V an Dyke, 
Wilson, 
Wells, 
Walker, 



Wini 



E^)etti 



:€fr^jJ47. 



Those who yoted against postponement, were— 



Messrs. Blak^ 
Caldwell, 
GaDness, 
Garfield, 
HaUy, 



'meissrs. Hou, 
6w^n, 
Sime, 
Snycler, 
Tayloi^lO. 



So tba-motion was indefiiutely postponed. 

)Ir. Bobinson moved'to e^joorn sntil.lO o'clock iiOrmorrow.. 
Not lugreed to. 

Mr. Ourpentier moved to adjonnu 
'Soi agreed to. 

Mr. Ifolfeans^moTed t^at-the committee appointed to consider the qnes- 
fioa ef the Gaj^tol, iDc, have nntil 12 o'clock to-morrow to report 
Agreed to. 

Mr. Beddmg mo^ed to a^joa^ imial 10 o'clock tormonrow. 
Agreed to. 



»M'i 



t • I > 



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46 [Tjwiwtiri, 



.: • .' ,: '■ fl 

H0USE OP ASSEMBLY, ; ' 

TussBAY, Janmaxy^^^l, 1868. 

House met pmaaant to adjournment. 

The roll was called, and the following members were absent : — Messrs. 
Bell, Carpentier, Estep, Fairfax, Herbert, Hunt, Kittredge, Lee, Moore, 
Redding and Walker. _ . . 

The Journal of yesterday was read and approved. 

The Speaker announoed the •pouse ready to proceed to business. 

On motion, leave of s^bsence was granted to Mr, Carpentier fo^one 
day. 

The following message was received from the Senate :' 

Mr. Speaker: 

I am directed to inform the Assembly that the Senate on the 7ih inst, 
passed a Joint Resolution, herewith transmitted, granting four months^ 
leave of absence to John C. Hays, Sheriff of San Francisco : 

And passed this day Assembly bill for An Act to fix the times of hold* 
ing Ck)urts in the Seventh Judicial District. 

A. <?. BRADFORD, 

Secretary Senate. 

Mr. McMeans, Ohainnan, made the Allowing ire^rt': 

The Committee on Ways and Means, to whom was referred An Act 
to repeal the fourteenth section of an Act entitled an Act to fund the in- 
debtedness of the State, which has accrued or may accrue from April 29, 
1861, to December 31, 1862, inclusive ; and to provide for the payment 
of the three per cent. Bonds, approved May 1, 1862 ; have had the same 
under consipe ration, and beg leave to report it back to the House without 
amendment, and recommend its passage. 

On motion of Mr. Wing, the House resolved itself into committee of the 
whole; Mr. Wing in the chair, to consider a bill to repeal the I4th section 
of the Act to fund the indebtedness of the State. 

After spending some time in consideration of the bill, on motion of Mr. 
McMeans, the committee rose, reported the bill back to the House with- 
out amendment, and asked leave to be discharged from its further con- 
sideration. 

The committee was discharged. 

The bill was then considered as engrossed, read a third time and 
passed. 

Mr. McMeans made the following refMt : 



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jAtr.lli} 



"47 



The Committee 00 Way» atld MtoniB, to whcm wa« referred a bilF en- 
titled An Act requiritig'tbe ComptroUer to- audit cercaio bills oif tbe mem- 
bers of th^ present Legislature, have had the same under oonsideiatioil, 
-and beg leave to report it baek* without amMdmeiity and lecommedd its 
I)assage. 

On tnotion of Mr. Mclleatisjihe Hdnse resolved itself into oomnUttee 
of the whole, Mr. Heydenfeldt in the chair, to consider a bill for An Adt 
requiring the Ck>mptr(Aetiba«4itcoitain'bilis of the membenof tke pres- 
ent L^slatiire. • ' ., .. 

After spending some time in its considerati^f on motioof of Mr. Me- 
Means, th^ Committee mee^ ve|Mriea Ihe tdt baDk, and .asked Id be dis- 
charged. 

The Committee were discharged. 

The bin was then eonridered att'engrosasd, alid upon its final passago 
Mr. Robinson demanded the ayes and nays. 

Those who voted for the piasAage of tbe bill were— ^ 



Messrs. B^I, 


Messfs.: Letcher, 


Bostwick, 


Msnd^vffie, 


Brtish, 


^'1 Meredith. 
' McCandless, 


Cabaniss, 


Canney, 


' 'MbCkrtry, 


CaAart, « 


McMeans, 


Cardoso, 


Moore, 


Crenshaw, 


Mvres, 

Oliver, 


Estep, 


*lwing, 


Owen, 


Fairfax, 


Reading, 


Hally, 


Redding, 


Herbert, 


Rogers, 


Heydenfeldt, 
Hoff, 


Smith, 


iThomas, 


Irwin, ..^ 


Walker, 


Kittredge, 


W^l8,- 


l^: 


Wilson, 


Wing— 38* 


Those who voted against the 


passage of the bill were — 


Messrs. Blake', j 


Messrs. MoFarland, 


Caldwell, 


Pacheco, 


Conness, 


Robinson,. 


Covarrubiitfi, 


Sime, . 


Flower, . 


Snyder, ., 


Oarfield, ^ 


^ylor, 


Harrison, 


Van Dyke, 


Johnson^ , 


Speaker— IT, 


Martin, ' 


' t ' t ' ' ,'# 


So the bill passed. 





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48 



PtM»4%^ 



He Heydenfialdt gaire notice, llaMit'at an ead]f /ia^y he W(ml4>inti^ 
a.biU lo repeal. An Ant eattlML an ilcl tcr iiiac^ppBaite it\» town; of 0^ 
land^ and to pravade for the cobainiotion of Wb^uryqs tbereat. 

Mr^/ Cbrenriiaw mferodueedaConcUnentlReBoljulion to req^(^ tbp pfch 
sent session to Benicia. 

Ufa* Wing offiamd a OoBcurBent Reealutmili^'^^ substitute- tgt remove 
toSatounenta 

Onikidtioii cf Mir. Tleyjor^ it vniaiat^l upenth^ t^bhi 

Mr. Cabaniss offered a substitute to the resolution offered by Ml** Crem- 
atetw^ to temain at VaUi}0« 

Mr« JbhnatOD moired to itnike oiat tfuspm^nMsi to the iesoki<lHVi iifSmfi 
by Mr. Cabaniss. 

Not agreed to. 

Mr* Mooie moved toIsyUn^Teoohitioii offmd l>y>Mn CANm$8aqthe 
table. 

Agreed to. 

Mr. Hevdenfeldt mo¥«d Si tail of the. Hou^ 

The call was sustained. 

The Clerk thdn oaUad ib» it'll and the following membem w^pa a))eent : 

Messrs. HmSkt, Lee* and McCandless. 

On motion, the Sergeant at Arms was dispatched for a,b89nt members. 

On motion^ Me8en9> McCandless and Lee were adf^itted within the 
bar of the Hous% and excused. 

Mr. Johnson iQOved to dispense with further proceedings under the 
call. 

Agreed to. 

Mr. Heydenfeldt demanded the previous question. 

The Speaker put the question, " Shall the main question now be put 1^ 

Upon which, Mr. Johnson demanded the ayes and nays. 

Mr. Heydenfeldt withdrew the demand for the previous, (][uestion. 

Mr. Moore renewed the motion. 

Those who voted to sustain the previous question weie — 



1. Bell, 


Messrs. OUver>, 


Bostwick,, 


Owen, 


(^Itart^ 


Bedding,. 


Ewmg, 


Rogers, 


Herbert, 


Sime, 


Hoff, 


Snyder, 


Irwin^ 


Taylor, . 


Leakoj 


Thomas 


Mandevin©, 


Van Djrke,^ 


McCandlqas, 


Walker, 


MeFarlandj 


Wells, 


McMeana, 


Speiker—^* 


J^oore, 





Those who voted against the previous question, were — 



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jmlm:^ 



40 



Kittredgft, 



Blak% 
Brush, 

Oabaokt, 

Gdlml^ Lee, 

Caxmey, lietchmj ' 

Goitness, liartm, 

OndoflD, afpredlHi, • < 

Govarrabias, McGkmry, 

Estep, Pachede^ 

MmtSny Beadng, 

noiner, Bobunm^ 

Oarfieldt SimlJiy 

HaQ^Tt Wilaon, 

HeydenfiriOt, 

So the previous. ^iMlion was not sastained. 

Mr. Johnson ippved. lo strike out Benicia. 

Mr. Moore i^ioviecL A f^ of the House. 

The call was su8l;«^i^. 

The Cleik called the.roll, and it appeared that all jtfp j^Mmbers were 
present, but those absent bv leave granted. 

Mr. Canney moTed,1x>,4llpeP^ )W^t)^i^MbAr^i«^^ 
calL 

i^need tp. 

Titiegptioa, to^ke ^i|t Benicia, wjBp.1^ pqt |0( tbe H9«se,ia]|4rlMlU 

Mr. Wing moved the ind^fini^ yf^^pfo^exx^i qf the prigml radia- 
tion. 

Mr. Canney demanded the ayes and nays. 

Upon inquiry ipdde by.a.1^el^r,the;^pe9kQr.fl9cMl9^ Uwit,fbe iid&fi- 
Bitepoetpopeimi^t of the oof^lution did..npt {Ufevmt^tJ^.ml;;)^ bfiMlg pn^ 
sented to tne House in some other form. 

From which decision Mr.. B^ciyfeags.iu^a)^ ; 

The Speaker put the question, ^' Shall the decision of the Speaker be 
thejudgment of the.Hojise?'' the House sustained the Spea)i:er. 

The question th^n (^time up* for indefinite postponement 

Those who voted ;for. indefinite postponement ^^re — 



Messrs. Bell, 


Messrs. MandQvijp^, 


Blake, 


MerediU), 


Caldwell, 


McQftny, 


Covarruwae, 


McM;c|^, 


Estep, 
Ewin^, 


Onvef, 


Harrison, 


Pacheco, 


Herbert, 


Rea^, 


Heydenfeldt, 
7 


Bobmson, 



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50 



[TSlEtDlT, 



MeBsn. Hofi; ; 


Messrs. Rogers^ . 


HlHlt, 


Walker, 


Johnson, 


WeHs, 


Lee, 


Wing— 27. 


Leake, 




rhoee who voted agikinst the indefinite postponement were- 


Messrs. Bostwiek, 


Messrs. Letoher, 


Brush, 


Martin, 


GabaniBS, 


McCaadless, 


Canney, 


McFarland, 


Carhart^ 


Moore, 


Conness^- " 


Owen, 


Gardoca, 


Redding, 


Crenshaw, 


Sime, 


Fairfax, 


Snyder, 


Flower, 


Smith, 


Garfield, 


Taylor, 


HaUy, 


Thomas, 


twin, ^ 


Van Dyke, 


Eittredge, 


Wifeon, , 


Enight, ' 


Speakep~30 



So the i68ol«ition was not indefiniteTy postponed. 

Mr. Johnson moved to strike out Benicia and insert Yallejo. and de- 
manded the ayes and nays, and also demanded the previous question, 
' The House sustained the previous question. 

Mr. Johnson moved to reconsider the vote for the previous question. 

Carried. 

Mr. Johnson then withdrew the demand for the previous question. 

The question then came up to strike out " Benicia" and insert " Yallejo." 

Those who voted to strike out and insert were — 



Messrs. BeU, 


Messrs. Leake, 


Gabaniss, 


Mandeville, 


GaldweU, 


MoGarry, 


Govarrubias, 


McMeans, 


Estep, 


Myres, 


Ewing, 


Oliver, 


HaHy, 


Paoheco, 


Harrison, 


Reading, 


Herbert, 


Robinson, 


Heydenfeldt, 


Rogers, 


Hoff, 


Van Dyke, 


Lnp^in, 


Walker, 


Johnson, 


Wells— 27. 


Lee, 






Digitized by Vj 


— 





JiXLllJf 


51- 




Those vho voted agaftst 


flirikmg out and inserting wem^ 


HessiB. Bkke, 


• 




Bostwick, 




Meredith, 


Bniflh, 




McGandlesa, 


Gannej^ 




McFariand, 


Carfaart, 




Moore, 


Gonness, 




Owen, . ' 


GardoxO) 




Redding, 


Grtaefaaw, 




Sime, 


Fairfax, 




Snyder, 


Flower, 




Smith, . 


Garfield, 




Taylor, 


Hunt, 




Thomas, ' 


Kittredge, 




Witodn, 


Knight, 
Letcher, 




Speakep—fiO 



So the motion to strike out was lost 

Mr. Johnson ofhted th^ following : 

Resolved^ By the Assembly, the Senate concurring^ that the Legisla- 
tare adjourn from this plttce to meet at the city of SacramMto} on 

at'l2<b^clock, M. ; and demanded tha ijB^wad nays. 

Those who Toted infiiTor of Sacramento were— 



Meflsn. Blake, 


Messrs. 


MerediQi, 


Broflh, • '' 




Myres, 


CaldweH, ' 




Beading, 


Gaimey, 




Walker, 


^Tt^l 




Wing-ill. 


Hamson, 




r 


Those who voted against Sacramento weie — 


Mtesn. BeU, . 


Messrs. 


Letcher,- 


BoBtwiok, 




Mandeville, 


CabaoisB) 






Oarhart 




McOandksBi 


Ckamees, 




McFariand, 


Cardoso, 




MoGarrr, 


GoTamlMas, 




McMeans, 


Grenshairv 




Moore, 


Ewing, 




Oliver, 


Fui«uc, 




Oven, 


Flower, i . 




Pacheco, 


Garfield, 




Bedding, 


Hally, 




Bobinson, 



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at 



\TfaiAna^< 



Heydenfeldty 

Hofl; 

Hnntf 

Eittredgiy.i 
Knight,. 
. Lee, 
Leake, 

So the substitnte didi nbt pass. 



Sime, 
Snvder,. 

Taylor,, 

Thomas/' 

YanDyk^) 

WeDs^v 

Wilson^^ 

SpeakwMML; 



The House thea pmrWded to take the final vote npoi^.tM resolution 
offered by Mr. CreoiillMr, whereupon Mr. Canney detnandMS the ayes 
and nays. i ' 

Those who voted in fitvor of Benicia were — 



MeMH. Boshriok, 


Messrs. Martin, 


jsmsn* 


HtOu»mt 


Caoney, 


McFarland, 


= CtaiiMt*4, 




; Qmmmf 


Qmaif. 


QmfkmHi 


SMdmg, 


Crenshair, 


Sime, 


Faii&z, 


Sk^ibti 


Flower, 
Gufieklj. 


Smith, 


TaylOT, 


Hunt, 


Thomas, 


Eittre«|0»i. 


WilsoA^. 


£^^ 


Wing, 
Speakeiv~3gi 


rhoae who voted in the negative 


we»— 


Measn. BeO, 


Messrs, Leake, 


• BWke,, 


MaadeviDe^' 


CalMBiiii^i 


Mereaia^ 


GaIdTe%i 


McGanj) ' 


CofmBtM^i 


MoMeatet 


Eete|9" 


Myres, 


Ewmgi>. 


Oliver, 


HaQjCf . 


PadfaMii^ 


HairisoByj. 


BeadiH» 


Herbert^.. 


Bobinsonjt 


HevdeafeMly 


Rogers, 


Hoflf, 


YanDjrlw) 



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k 



Jmlh]i 56r 

Mfldfti. Inriiiy liMns. WbButj 

So the lesolation was lost 

Mr. McMeans moved to take up Assembly bill to< set apaK fands foiP 
cofiibigetit pUTposBSl 

AgMA tb. 

On motion of Mr. McMeans, the House resolved itself into committer 
of the whole, Mr. Wing m the ehaiir, to consider a^biU for An Ac« to set 
apart five thousand dollars for contingent purposes. 

After ispending some time in its consideration, on motion of Mr. Mo^ 
Means the Committee rose, reported the bill back without amendment, 
and asked to bedisekaioed' tKum itd fuartbotr coklsidevlueioa. 

The Committee was discharged. 

Tto bill waa Htm eoiiiflid(Sred ta engrossed, itslad a thi$id tliiiet, and 



lit; RobfniBm c^Mi th« folloif^iffgf : 

MeMivMy Ti»% the Sergeantrat^Amas be/ and he^ is hereby authoHzed 
(0 contract with the Postmaster at the city of Yallejo for the payment of 
postage and delivery of postal matter taandi £rom members ani officers 
ofthe Assedkbly. 

Adoptedi 

On motion, the House adjourned until 10 o'clock to-morrdw. 



HOnSB OF ASSBMHliY, 



Wbdnesbat, January 12| t66Si 

House met pursuant tb adiotimment 

lie roll was called, and die fbllowing members were absent :~^Mesitfs, 
Siilith, dhd those absent on leave. 

The Journal of yesterday was read and at)ptoved. 

The Sbeaier a&tioUhiiieid the H6ti^ n^adV to p)rt)ceed to business. 

Mr. M&peditK j^jfesented'a petiti6n>frdm l^e citizens of Columbia, Tuol- 
uifiiie OMmty, ptr^il^ the Legist&tute to authorize, by law, the election 
of ttti addffidnal Jbsde^ ctf the Pdaee fot that township. 

Which was read, and referred to the Judiciary Committee. 



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54 [WEDNBaDAT^ • 

Mr. Blake made a Tepcirt isaBoiihe Conunittee on Mileage, .whiafaLliEas 
lead, and on motion, leoommitted to the committee for aUemtioii. 

Mr. Hoffgave notice that, at an early day, he would iutiroduce a bill 
to amend An Act creating a Board of Supervisors for the counties of this 
State, and defining their duties and jpowers ; 

Also, An Act to Fund the Debt oi Tuolunme County, and to provide 
for the payment of the sansie* 

Mr. Snyder gave notice that he would, at some future day, introddce 
a bill entitled An Act to amend an Act to re-incorporate the City of San 
Francisco. 

The following message was received from theSenate : 

Mr. Speaker: 

I am directed to inform the Assembly tbat the Senate passerd, oa yes- 
terday, 

Assembly Joint Resolution of instructions to our Senators, in lefeievee 
to Mail Routes in the northern part of this State ; 

And on the 7th instant, An Act to authorize certain Officers atid other 
persons to administer Oaths ; 

And on the 10th inst., An Act authorizing the purchase of a Press fi>r 
the Seal of State. 

YHiich are herewith transmitted. 

A. C. BRADFORD, 

Secretary of the Senate. 

January 12, 1853. 

Mr. Canney offered the following : 

Resolved^ That the Committee on Public Printing be instructed to 
inquire into the cause of the delay in furnishing the Journals of the last 
session, and by what authority the Joint Resolution, which was passed 
at the last session of the Legislature, removing the session to Sacramento, 
is not printed in the Statutes of 1862. 

On motion, the resolution was referred to the Committee on Public 
Printing. 

Mr. Martin gave notice that he wbuld, in a few days, introduce a bill 
for An Act for the better regulation of Pilots for the Bay and Harbor -of 
Humboldt, and to repeal an Act in relation to Pilots for the same, passed 
April 6th, 1861 ; 

Also a bill for An Act to prohibit persons from throwing overboard or 
discharging Ballast in the channels of Humboldt Bay. 

Mr. Myres gave notice that, at aq eaxly day of the session, he would 
introduce a bill to amend An Act to exempt Che Homestead and other . 
property from forced sale in certain cases j 

Also, a bill to amend An Act to provide for the protection of Foreigners^ 
and to define their liabilities and privileges, approved May dth, 1852. 

Mr. Bostwick gave notice that, at an early day during the session, he 
would introduce a Bill entitled An Act for the better observance of the. 
Sabbath day. 

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Jah. 12L] 55 

Mr. Oven gave notice that, at an early day, he would introduce a bill 
in relation to lawful Fences. 

Mr. Crenshaw presented a petition from J. S. Pitzer, claiming a seat in 
the Assembly as- Member from Trinity County. 

Read and referred to the Committee on Elections. 

The certificate of election of Mr. Martin and Mr. Pitzer, was also re- 
ferred to the Committee on Gleetiood. 

Mr. Flower introduced a bill for An Act to repeal an act entitled an 
Act concerning the Courts of Jostice of this State and Judicial Officers, 
approved March 27th, 1852. 

Read first and second time, and referred to the Judiciary Committee. 

Mr. McMeaos moved that the Committee on Ways and Means be em- 
powered to appoint a Clerk. 

Agreed to. 

Mr. McMeans introduced a bill to amend an act entitled An Act for 
the protection of Foreigners, and to define their liabilities and privileges. 

Read first and second time, and referred to the Committee on Mines 
and Mining Interests. 

Mr. Wing introduced a bill for An Act to amend an act entitled an Act 
to provide lor the protection of Foreigners, and define their liabilities 
and privileges, approved May 4th, 1852. 

Read first and second time, and referred to the Committee on Mines 
and mining Interests. 

Senate Joint Resolution to allow four months' leave of absence to John 
C. Hays, Sheriff of San Francisco, was read first and second time. 

Mr. Eobinson moved to refer the resolution to the delegation from San 
Francisco. 

Not agreed to. 

Upon the final passage of the resolution, Mr. Bobinson demanded the 
ayes and nays. 

Those who voted for the final passage of the resolution were — 

Messrs. Bell, Messrs. Martin, 

Cabaniss, Meredith, 

Cannej, McCandless, 

Carhart, McFarland, 

Cardozo, McGarry, 

GovamilHaSy McMeans, 

Ewing, Moore, 

Fair&z, Mjres, 

Flower, OUver, 

Garfield, Owen, 

Hally, Pacheco, 

Harrison, Beading, 

Herbert, Beddmg, 
Heydenfeldt, « Bobinson, 

Hoff, Sime, 

' Hunt, Snyder, 

Lrwin, Taylor, 

Johnson, Thomas, 



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66 [WEBHsaDAT^ 

MeMtB. Eitlredge, Messrs. Yiin iyyk», "^ 
Knight, Walker, 

Lee, Wells, 

Leake, Wing-«46. 

Mandeville, 

Those who voted against the resolatkm were — 

'Messrs. Blake, Messrs. Estep, 
Sostwick, Letoneri 

Brush, Rogers, 

Caldwell, Wilson, 

Conness, Speakep--41. 

Crenshaw, 

So the resolution was adopted. 

Senate bill No. 11, An Act authorizing the purchase of a Press for the 
Seal of State, was read first and second time. 

On motion of Mr. McMeans, the House resolved itself into committee 
of the whole, Mr. McMeans in the chair, to consider the above bill. After 
spending some time in its consideration and amending the same, 

On motion of Mr. Canncy, the committee rose, reported the bill back 
as amended, and asked to be discharged from its further consideration. 

The committee was discharged. 

The amendment made in committee of the whole was then concurred 
in, and the bill read a third time and passed. 

Senate bill for An Act to authorize certain officers and other persons to 
administer Oaths. 

Bead a first time and ordered to a second reading to-morrow. 

Assembly bill for An Act to repeal an Act entitled an Act concenung 
Crimes and Punishments, passed April 22, 1851. 

Bead a second time and referred to Judiciary Committee. 

Mr. McMeans gave notice that he would on to-morrow, or at some fu- 
ture day, introduce a bill to amend An Act to create a Board of Supervi- 
sors for the counties of this State, and to define their duties and powers. 

Mr. Crenshaw offered the following : 

Resolved, That Committee on Commerce be iiM^ueted to inquire into 
the causes of the present high price of provisions in this State, and ascer- 
tain, if possible, whether it is the effect of monopoly, or from other causes 
and report as soon as practicable, by bill or otherwise. 

Adopted. 

Mr. Mandeville, naoved to take a recess for one hour. 
Not agreed to. 

Mr. Canney moved a call of the House. 
The call was sustained. 

The Clerk then called the roll, and the following membem were absent : 
' Messrs. Carpentier, Covarrubias, Smith, and Yeiser. 



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On motion, the.^ergeai^fgg^^lrnis was dispatched a%f/'rfb||f^f]|iem- 

On motion, Mr^,iQpy9|rrubias was admitted within the bar^f the House 
and excused. .y'l.tN [■ 
On motion, JAes^^U^&iser, and Carpentier were ^ff,paei,y 
On motion of Mr.^Ying, further proceedings ufkder the call were dis- 
pensed with. , . J J ^^ .^ Ij r. 

Qttpiotioo, jMi fr#«w^ l^n^<^l<ffl^ %e..^W>^)^^^ 

'^^^''*- OM. ..,...< 1M >moi 

At half-past two o'clock the House met pursuant to adjournment. 

Mr. Blake moved to reconsider ;he V9tf) w;luch refua^d to remova^to 
Benicia. * ' ' ' ""' " '"'^ "' ' '''"' 

Mr. Canney moyed a^caU of |he House. . . ^ ^^ 

The call was sustain^. ' * -/ .^ .•..3>'j i 

The Clerk called tha roll, and it appeared that all' th^ tnembers were 
present, except Mr. Sm^h. / -/^ 

On motion, further jir^tceedings under the call were di3pe];i3ed with. 

On motion of Mi*.' Blake, Mr. Smith was excused. 

Upon the votb to iecamsider, Mr. Mandeville demahded'ttie ayes and 
nays. ■ '^ 

Those who ivoj^' ^i^^peconsider were— ' ' ' ' J I 

Messrs. Blake, Messrs. Eittr^dfgo', *' 

^«^.-ev,-. no. V, . .,, ., :..g^ov oA . o.odT 

S**^)>M , Moore, , 

Car^l^k^ii..)^ Dime, . 

Co^^JX;;!^^ Snyder^ .^ 

Creii'haiirjr(> Ta;f!orj ^^ 

Fairfax,, ,v Thoinas:- i' 



Thooe who Tote^iagfinst lecoD^deiation vei^— "^ ' ' '., " 

Mwsn. RJ^Tt • '-^ Me«8M. Martin^ ' /-'f} 

CabatbuMi' )> MoGaiiffl«iU 

CalSL n McGanyJ^ 

Eutep; : ■' MoM«i^,-'5 

8 

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s^ 



Johoson. 

MSQi 






Van Dyke, 
"Tells, 




to meet at Sacramento. 
Upon which, the ayes and nays were demanded. 

meBsn^ j\.ictr6a|^. 



Messrs* Srush, 
Garnart, 
Cartfozo, 



MI 



Fair&z, 

Garfield, 

Harrison, 



I', i: 



Snyder, 
Wil 



21. 



Those who y( 

MessiB* Bellf 
* Blake: 




leconsideratioQ were — >' 



^rr^ii 



Boetmek, 

Cabanisd, ^ 
Caldwc]], *^, 

Flow«, Z 
HaQy. y 

Heydenfeldt^ 

Hoff, 



Messrs. Marlb; ' 
McOilMSiMRj 
McFISitolu. 







Owea: ^ 
Pachek ' 
jiecRtmjg, 
Sogers, 
, Sime. 

ThomaSi, 
VanDyfo;. 

TTeno, 

Yeiser;^ 

Speal»k^ 



So the Tote wf^'^^pooDsideied. 

Mr. Taylor o]|{j^|i^^^ BMoIntion t9'6i^&kf;il^«ommitt6^ to 

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curred at that place to hold the lemainder of tl)Ji^J6)^slticu , jj lo 

Mr. Heydenfeldt moved to lay the leaolution on the table. 
-Ap^edta .|^ 

Mr. Hally ofSsred the following : ' 

Hesolvedj l%at the wiiole subject matter about removal, be taickon^me 

Agreed to. 

Mr.- " 
wotild 

On 
joamed until ten o'clock tMuonov. 



rU 







...-'■ . ' ' f. 

Thijbspat, JhoilttyilS^ 1858. 

Houae met panaaM tb adjournment. 

The rdl was ^tSkfij ;|md the follawins members w^i*e absent : Messrs. 
Pairfia, Heydenfeldt, !$cCaDdlesS| McOarxy^lMoore, ^B^ding, ThomaSi 
and Wmg, 

The Journal of y^^:^y was fead, amended, and ado^d. I 

The Speaker amioimced the House ready to proceed to boit^Aess. 

On motion, leaye^a^ence was granted to Messrs. FaMkc ^d MoCand- 
leas for three days*.' 

Mr. Bedding asked further leave of absence for Mr. Oardner for one day* 

Granted. - - '" ^ ' - ^ "' T' 

Mr. Thomas made the followmg report : 

The Committ^M'SSngrossed Sills have examined lAd^^ftuhd coxreotly 
engrossed the following mils— ''^^ ; \ ^ 

An Act requiring 4^0* Comptroller to audit oertam billa^'UlM members of 
Ifae present Le^afcureV 

An Act to set apati fite thousand dollars to meal 4iie eludrMt contmgeni 
expenses of the AimmUi. • ' 

An Act to rep«sli<6ie feurteenth section of an Act entitlcii an* Act to fund 
die indebtedness of ^iie State which has accrued or may IMifu^ firom April 

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of the three per ceiit. tbnas. ' ' •' '. ' ' ' . 

Mr. Wilson made the following report : ^. 

JIhe Joint Committee on Enrolfanent hi^ve ezammed and^npd correptljr 

An Act to fix the times of holdmg Codt^'&Jflie filerentli JtididalDis- • 
trict; also, ^ , . 

Joint Resolution of insiraclibn to our Senators m reference to' Mail Routea 
^^the n^rthQjp part of. tills Statfi, , , . ii .. i' 

.l¥il^^fh^'f^^ th(i,foJlpiPfjpg;repoj;ii^j 'j[^^e|Appen<fix»lS'9/^.j|. ',, 

Mr. Canney ofiered the following: , ' ' 

JReiolvedy That four ^ousand addiifonal copies of the Goremor'ff message 
be ordered printed in English, provided there be no ad<Utional charge for 
composition. 

Mr. Crenshaw moved to amend by striking out four thousand and inseri- 
two thousand. 

Mr. Garfield moved to lay the resolution and ti&e amendment on the table* 
Mr. Canney demanded the ayes and nays. 

Those who voted to lay tij^ tk^ fidble Ve^d — ^'^' 



Messrs. Slake, 
1 r. Bofltekk, 
Brush, 
Cabaniss, 
...,; CAldwell^,. . 
C?tfb«t,.. 
Conness, 
Cjfrdowb L 
«8tep, 

flpwep, i .. 
arfield, 






'AiiOo: 



Mes8rs.|HaOy, 

Harrison, 
Hoff, 
:, Knui^ 

♦ .) , Reading, 
V. . . Sime^ .; 

Snyder, 

• - u V Jaylor, 

Walk^Ff 
Wing, 

Yeiser— 22.', 



.[;■ 



'ff J, 



Those who voted against laying on the table i 



Messrs. Sell, 

Crenshaw, 

Herbert, 
di'!i :J0^y,d^nfeWt, ., 

Hunt, 

^ .;•'• . ijJ Irw», /. 



were— 



Messrs. McGarry, 
, . M^M^QS,. 

^ - Moove^ . . 
: : 1 MyreS| . . 

OUver, 
(.;' .;. -Owent . 

J^acheeoi . 
s .. Aeddang, 



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Lee, -^ GRiomaS) 

Letcher, Van Dyke, 

i. MiMideviHe, . Wells, 

' Mirtio, • ' Wikon^ 

V Mefedith, • SpeakBr-*-81» . 

McFarland, 

So iha vesolution v!as «iai laid upon die taible^ 

Tke ameBdment offecvd.bj Mr4 Crensliatr, 4o. strike oot four thoosiind and 
insert two thoasand, was adopted. 

The re60liition i» ameilded wis theb adoptedi 
^ Mr. Speaker presented the annual report of the Compfardlei? of 8t«t% 
which, on motion, was referred to the Committee of Ways and Means, and 
one tiionsand copies ordered printed. 

Mr. Oal^aaiegS'offel^ed the following : 

Besolvedy That one thousand 4opies of ibe OoTomoi^s message bd printed 
in French. .'/ 

Mr^^hrfieM moTod to strike oaf one fhousakid and insert fi.^e thooaand 

comas. ^■'. •..'.' 

liOSt. 

Mr. Robinson moved to amend by adding — 



rr 



Pnmdedy The printing will not cost more than the printing in English/ • 

Agreed to. 

The resolution, as amended, wasput to vote and lost 

Mr. Canney introduced a bill for an Act to take the sense of the people of 
the State of California upon tiie subject of the permanent location of thb* Seat 
of Government. 

Bead first and second time, and referred to Committee on Public .Build* 
ing^ and Grounds. 

Mr. Knight introAMed a bill for an Act to amend an Act defining the 
time for commencing civil actions. 

Bead first and second time, and referred to Judiciary Oomtnittee. 

Mr. Wing introduced* a bill, for an Act to repeal, an Aet entitied an Act 
to authorize the funding of the debt of the county of £1 Dorado, and to pro- 
vide for the payment of the same, approved May 1st, 1852. 

Bead first and second time, and referred to the delegation from El Do- 
rado county. 

Senate biUfor an Ad to autiiorize certain officers and other persons to ad- 
minister oaths. 

Was read a second time, and referred to Judiciary Committee. 

Mr. Myres ihtroduced a b91 to be entitied An Act recoonnending to the 
Electors to vote for or against calling a Convention. 

Bead first and second time, and referred to the Judiciary Conmiittee. 



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02^ 



[T^UftWij^ 



Mr. HeydenfeldkiQDiittd^iabMl papers u^yonthe Cbyk'^MIe.MfiMrtibgto 
oontested electaona, be referred to the Committee on ElectioDfl.' 

Agreed to. . • 

Mr. Crenshaw mored to refer the matter contiunedilli theCtifremor'B mes- 
sage, relating to a national highway, kc.^ be referred to.Ae Committee on 
Federal Reladdnff^ instead of the Committee on Boadaand Higliwaja. 

Agreed to. 

On motion of Mr. Canney, Messrs. Crenshaw, Heydenfeldt, Ghurfield, 
Srosh and Johnson were added to the Commiitee^tt JmaiBik ASbm. 

Mr. Wing gave notice that at an early day he would introduce a bill for 
An Act supplementary to an Act eoBeerning/Covpbiaftxna, ap^Fed A]pril 
22d, 1850. 

On motion of Mr. Heydeitf»k^ at 12 o'efeek, M., the Hoose took a re- 
I lor two hoiort. 



&X)'<aM%P. M. 

Itie Honae nek pursmnt to adjonmrncmk 

Mr. Bell offered the following, which was adopted : 

Meuived, 1%ai the Speaker be, asd lie is hereby aaiflioiized toaasiga/lihe 
unappropriated rooms in that part of the Capitol assigned to the use. ef tjiii 
House. 

Mr. Irwin moved that two additional members be appointed upon the 
Committee on Elections. 
Mr. Robinson demanded the ayes and nays. 

Those who voted in &vor of ike motipB were*^ 



hum. make, 


Meaan.Le«, 


BoBtwick, 


Leake, 


Brash, 




Gannejr, 


Meredith, 


Oatpantier, 


M«Farland, 


Conness, 


Moon, 


Gardozo, 


M,re., 




Oliver, 


Oseoihav, 


Bogen, 


GarQeld, 


Welb, 


Hoff, 


WikoB, 


Hunt, 
Irwiii) 


Wine, 
ai>e&er^27 


Kittredge, 





Tkoae mho voted against the metioQ w or e i- 



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Jngi ISI] 



est 



Messrs. Bell^ 


Messrs. Marti% 


CaVftBiw, 


McG«ny, 


CaldweB^ 


McMefKDS^ 


Carhart, 


Owen, 


Estep) 


Pachee^, 


B<i*3ngi 


SelMlRig, 


Flower, 


RobiiMD^. 


Hally, 


Sime, 


Harrison^ 


'Snyoto^ 


Herbert, 


Taylor, 


Bdydenftlclt, 


TboQias^ 


'Johii0oB[, 


VkxDylce, 


Kmeht, 
Letcher, 


Waker^ 


Yeiser— 28 


So the motktti iriiS'!tfo«siaa«^. 


' 



Mr. Brash asked to be excused from sernng as Chainnan of the Conn 
ttilt»dP«^>raeciidil0. ' 

The House refused to excuse him. 

Mr. Thomas moyed to reconsider the vote which refused to add two ad- 
dltiMll iimaM04o «be' (kma&me^m'EiieaicM, 

Mr. Camiey demanded the ayes and nays. 



Those who voted to reconsider were— 

Messrs. Slake, 

Bostwick, 

Brush, 

Canney, 

Carpentier, 

Conness, 

Cafdozo, 

Coyarrubias, 

Crenshaw, 

Garfield, 

Hoff, 

Hunt, . 

Eattredge, 
Lee, 
'-- L««lej 

Mandeville,, 



Messrs. Meredith, 
McFarland, 
McMeans, 
Moore, 
Myres, 
OUver, 
Owen, 
Bogers, 
Snyder, 
Smith, 
Thomas, 
Van Dyke, 
Wells, 
Wilson, 



I. 



Speaks 



:6r^-»a8v 



TMSM'imch v<rted'xtt UM liJbpAn^'t^f^ 



Messrs; lEfeD, 

v/aPitriMWii' 

Garhart^ 



L^jk^er^ 
MtaHiii, 
McGhirry, 
Pacheoo, 



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U lM»3ix^ 



Messrs. Ewing, 


Messrs 


. Reading/; 


Floww, 




Bobu^Qt > 


HaHy, 




Simf. ^ 


HarrisoB, 




Taylor, 


Herbert, 




Walkej?, . 


Heydenfeldt, 




Yeise^TT«»^ 


JohogoD, 







So the motion was reoonsidered. 

The ori^nal moiioa to add two members to the Committee on Elections, 
was then SMiopted ; and Messrs. Cannej and Blake were appointed. 

Mr. Herbert asked to be excused from serving on Ihe Committee on 
Elections. 

He was excused, and Mr. Irwin was appoisitedinUs plaoeu. 
. Mr. Garpentier offered the Mowing, which was adopted : 

Besolvedj That the Chairman of the Judiciary Committee be aia;tbomeci 
to appoint a clerk. . ,; j 

On motion of Mr. Blake, inb 4vo'cIook tba House fu](jo«r»ed until 10 
o'clock, to-morrow. . ' ' 



HOUSE OF ASSEMBLY. 

Friday, January 14, 1868« 

The House met pursuant to adjournment. 

The roU was called, and th^ Mowing members were absent :*— Messrs* 
'Bostwick, Cardozo, Garfield, Irwin and Leake. 

The Journal of yesterday was read and ^)proyed. 

The Speaker then announced the House vea4y to procieed to {y^sioecif (; 

Mr. Brush presented a petition from sundry citizens of Tuolumne county, 
praying for the passage of a.hfw^ln reference to towns and nw^., , ,/ 

Kead and referred to Committee on Mines and Mmiag Lrteoests. 

Mr. Garfield, firom tiie Judiciary Committee, read t^e following suyotity 
report : 

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Jan. 14.] 65 

The undersigned, a majority of tiie Judiciary Coiminittee, to "whom was 
referred Assembly bill to repeal An Act to amend an Act conoeraingcrimes 
*; and punishments, passed April 22d, 1851, ask lea^e to report the 1M m&r 
' out amendment, and recommend its passage.' 

Mr. jSTeiser made the following mmority report : 

The imdermgned, a minority of the committee, to whom was referred As 
Aot to repeal an Aot to amend an Act entitled an Act concerning crimes 
and punishments, passed April 22d, 1851, beg leave to report, that they 
believe it inexpedient to pass the above entitled bill, rand recommend tiiat 
the same be indefimtely postponed. 

Mr. Blake made the fo&owing repoi^ on nuleage. {See Appendix No. 

Mr. Teiser made a fae&kr report: 
Mr. Speaker : 

The Judiciary Committee have had under consideration An Act to repeal 
an Act entitled an Act concerning the Courts of Justice of this State and 
Jofioial Officers, approved March 27th, 1862, and have inatrueted me to 
report the bill back and to recommend its passage ; also, 

A petition of the citizens of Golnm^bia, Tuolumne county, praying for an 
additional Justice of the Peace in that township, and recommend mat the 
petition be referred to the Tuolumne Delegation ; also. 

An Act to authorize eer^in officers aad other persons to administer oatiis, 
and recommend its passage with the following amendment, to wit : Stryce 
out, in section one, the word ^ new," and strike out section three. Also, 

An Act to authorize certun officers to qualify and enter upon the}r official 
duties, recommending its passage with the following amendments : Insert, 
as section two, the foHowing:-^*^ Any person so elected, who has, hereto* 
fore, taken the oath and filed his bond of office, shall be deemed to have 
qualified according to law.'' Second : Change section two to section three, 
and change three to section four ; and add to the last section the words 
^imd forward certified xsopies of the same to the County Clerk of ^ach 
ooumty.** 

Mr. Wing, Chsdrman, made the following report : 

The EI Dorado Delegation, to whom was referred a bill for An Act to 
repeal an Act to authorise tiie Funding of the Debt of the county of El Do- 
rado, and to provide for the payment of the same, have the honor to report, 
fliat they have had the same under consideration, and rep(»rt the biQ back 
to the House, recommending its passage. 

The fain was then considered as engrossed, read a t^rd time and passed. 
Assembly bill No. 10 : to repeal An Act entitied an Act eeneenuag tlie 

® ^ Digitized by Google 



J 



66 [Peiday, 

Gojorts of Justice of tiiis 8tate and Judicial Offic^to, approved March 27fh, 
1352^ wa0 ccHOUsidered as engrossed, read a third time and passed* 
The fdlowmg message was received from the Senate : 

Mr* Speaker: 

I am directed to inform the Assembly that the Senate passed, yesterday, 
Assembly Joint Resolution to appoint a committee to investigate the drcum- 
stai^ces of the passage of the Act authorizing the erection of a State Prison, 
and appointed Messrs. CoflBroth, Snyder, McEibben, Kurtz and Roach on 
the part of.tjbe Senate; 

And concurred in Assembly amendment to Senate bill for An Act au- 
thorizing the purchase of a Pr^ss for the Seal of State ; 

Also passed on same day a bill for ^^ An Act to repeal the Act entitled 
an Act concerning the Courts of Justice of this State and Judicial Officers, 
approved March 27tii, 1852 ; 

Also, Joint Resolution granting leave of absenee to Hon. Hugh C. Mur- 
ray. 

A. C. BRADFORD, 
Secretary of the Senate. 
f January 14, 1858. 

■• 
Senate bill No. 13, An Act to authorize certam officers and other persons 
to administer oaths, reported back from Judiciary Committee, and the amendr 
meats made by the conmdttee adopted by the House. 
The bill was then read a third time and passed. 

House bill No. 1, A bill for an Act to authorize certain officers to qualify 
and enter upon their official duties, reported by the Judiciary Committee with 
sundry amendments. 

On motion of Mr. Crenshaw, the Ull was recomnutted to the committee 
with special instructions. 

The Mowing message was received from the Senate : 

Mr. Speaker: 

;I nxEL directed to inform the Assembly that the Senate passed, on the 11th 
inst., a bill for An Act in relation to the supplies of fuel, and other contin* 
gent expenses of the Legislature. 

In accordance with the recommendation of the Judiciary Committee, a 
petition from the citizens of Columbia, Tuolumne county, praying for an ad- 
ditional Justice of the Peace in that township, was referred to the delegation 
from Tuolumne county. 

Mr» Oaoney offered the following : • . ' 

Mesolvedj That the Sergeant-at Arms be directed to make an equal dis- 
tribution of aU public documents provided by order of the House among the 
m^ben^iof Apfdmbly. 

Adopted. 



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Jan. 14.] 67 

The following commanication was received from Ss Excellency the Oo- 
vemor : 

I have the honor herewith to transmit the annual report of the Attorney 
General of the State of California. 

JOHN BIGLER. 

The report of the Attorney General, (See Senate Appendix No. 74,) by 
order, was referred to the Judiciary Committee. 

Senate bill No. 12, Bill for an Act in relation to the supplying of fuel, and 
other contingent expenses of the Legislature. 

Read first time, and ordered to second reading on to-morrow. 

Senate Joint Resolution, granting leave of absence to Hon. Hu^ C. Mur- 
ray. 

Read first time, and ordered to second reading on to-morrow. 

Senate bill No. 16, a bill for an Act to repeal the Act entitled an Act con- 
cerning Courts of Justice of this State and Judicial Officers, approved March 
27,1852. • 

Read first time, and ordered to a second reading to-morrow. 

Mr. Letcher introduced a bill for an Act to p^ovid^ for the removal in 
certain cases of criminal prosecutions from the Courts of Sessions to the Dis- 
trict Courts. 

Read first and second time, and referred to Judiciary Committee. 

Mr. Wells gave notice. that he would, at an early day, introduce a bill for 
an Act to amend the thirty-eighth section of an Act entitled an Act to pro- 
Tide for levying, assessing, and collecting pubUc revenue, approved April 
23, 1852. 

Assembly bill for an Act to repeal an Act to amend an Act entitled an 
Act concerning crimes and punishments, passed April 22, 1851. 

Reported back from Judiciary Committee, and made the special order for 
Tuesday next at 12 o'clock. 

Mr. Wing introduced a bill for an Act to amend the third section of an 
Act entitled an Act to regulate fees in office, passed May 1, 1851. 

Read first and second time, and referred to Judiciary Committee. 

On motion of Mr. Brush, one hundred and fifty copies of a bill for an Act 
to amend an Act entitled an Act defining the time for commencing civil 
actions, passed April 22, 1850, were ordered to be printed. 

On motion of Mr. Wing, at half past 12 o'clock, the House took a recess 
until half past 2 o'clock. 

At half ^ast 2 o'clock the House met pursuant to adjournment* 

Mr. McCandless moved to adjourn until Monday next at 12 o'clock. 

Agreed to. 



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68 [Tuesday, 



HOUSE OF ASSEMBLY, 



MoDVAT, January 17, 1853. 

House met pursuant to adjournment, and, 
On motion, Mr. Crabb was called to the chair. 
There being no quorum present, on motion of Mr. Blake, (the House 
adjourned until ten o'clock to-morrow. 



HOITSE OF ASSEMBLY. 

rtTESDAT, January 18, 1853. 

House met pursuant to adioumment 

The roll was called, and the following members were absent .'—Messrs. 
Carhart, Govarrubias, Ewing, Fairfax, Garfield, Johnson, Knight, Leake, 
McCandless, McMeans, Moore, Smith, Taylor and Yeiser. 

The Journals of Friday and Monday were read and approved. 

The Speaker announced the House ready to proceed to business^ 

On motion, leave of absence was granted for one day to the absentees. 

Mr. Tighlman, member elect from the County of San Diego, appeared, 
was qualified, and took his seat. 

Mr. Flower presented a petition from Smith Brothers & Co., of San 
Francisco^ for a re-issue of lost Bonds. 

Read, and referred to the Committee on Claims. 

Mr. Sime presented a petition from sundry citizens of San Francisco, 
protesting against a repeal of the Act in relation to Capital Punishment. 

Bead, and laid upon the table. 

Mr. Carpentier, from the Judiciary Committee, made a report on Assem- 
bly bill for An Act to authorize certain Officers to qualify and enter upon 
their official duties, proposing sundry amendments. 

Which, upon motion, was recommitted to the committee, with instruc- 
tions. 

Mr. Brush gave notice that, on to morrow or some future day, he would 

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Jan. la] 69 

intioduce a bill to amend section fbqr of An Act to provide for the Inspec- 
tioa of Flour. 

Mr. Wilson, from the Joint Committee on Enrollment, made the fol- 
lowing report : 

The Joint Committee on Enrollment report that, they have examined 
and found correctly enrolled, a Joint Resolution to allow four months' 
leave of absence to John C. Hays, SheriflF of San Francisco County ; 

Also, An Act authorizing the purchase of a Press for the Seal of State. 

Mr. Grarfield gave notice that he would, on ^o-morrow, introduce a bill 
for An Act to provide for the redemption of Comptroller's Warrants drawn 
payable out of the General Fund. 

Mr. Snyder offered the following, which was adopted : 

Resolved, That the Committee on Ways and Means be instructed to 
leport to-morrow morning, the per diem allowance of the Clerks, Ser- 
geant-at-Arms, and other officers and employees of this House. 

Mr. Hally introduced a bill for An Act for the protection of persons 
who may settle upon private lands in this State. 

Read first and second time and referred to Judiciary Committee, and 
160 copies ordered to be printed. 

Mr. Myres introduced a bill for An Act to revise the Act to provide for 
the protection of Foreigners, and to define their liabilities and privileges, 
approved May 4th, 1852. 

Read first and second time, and referred to Committee on Mine^«and 
Mining Interests, and 160 copies ordered to be printed. 

Mr. Owen introduced a bill for An Act to attach Signer or Mare Island 
to Solano County. 

Read first and second time, and referred to Committee on Counties and 
County Boundaries. 

Mr. Owen introduced the folfowing bill, for An Act to amend an act 
entitled an Act to authorize Wm. Moody and Morgan Hart to build a 
Wharf in the County of Solano. 

Read first time, and ordered to a second reading on to-morrow. 

Mr. Letcher introduced a bill. An Act to authorize the Probate Courts 
of this State to lease for a term of years, the unimproved lands belonging 
to the estates of deceased persons and minors. 

Read first and second time, and referred to the Judiciary Committee. 

The following message was received from the Secretary of State : 

The Secretary of State has the honor herewith to transmit the papers 
in the two contested seats in the House of Assembly. Said papers were 
received at this ofllce on Saturday, the 15th inst. 

On motion, the papers were referred to the Committee pn Elections. 

The following message was received from the Governor : 



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70 [TUESDAT, 

In compliance with the requirements of law, I herewith transmit a re- 
port of the vacancies filled by me since the last session of the Liegisiature. 

Also, the following offices to be filled by the Legislature at its present 
session : 

First. Resident and Visiting Physicians, and Trustees for the severa 
State Hospitals. 

Second. A Quartermaster General of the Sta(e. 

JOHN BIGLER. 

Vacancies filled by the Executive since the last adjournment of the 
Legislature : ' 

A. C. Monson, Judge 6th District, vice Lewis Aldrich, resigned. 

Robert B. Sherrard, Judge of Sutter county, vice T. B. Ravidees, re- 
signed. 

O. 0. Emory, Judge of San Joaquin county, vice W. A. Root, de- 



E. W. Roberts, Judge of Nevada county, vice — : Caswell, absent, 

O. M. Brown, Judge San Luis Obispo, vice W. J. Graves, resigned. 

A. C. Palmer, P. D. Kohler, J. McDougal, H. H. Byrne and Alexander 
Campbell, Trustees of State Marine Hospital at San Francisco. 

William C. Kibbee, (iuartermaster-General, the Legislature having 
failed to elect. 

Mr. Pacheco presented a certificate of election for Mr. Hughes, of Santa 
Barbara. 

Which was read and referred to Committee on Elections. 

Senate bill No. 12, for An Act in relation to the supplies of Fuel, and 
other contingent expenses of the Legislature, on its third reading 

On motion of Mr. Heydenfeldt, the House resolved itself into committee 
of the whole, Mr. Owen in the chair, to consider the above bill, after 
spending some time in its consideration, 

On motion of Mr. Robinson, the Committee rose, reported the bill back 
without amendment, and asked to be discharged. 

The Committee was discharged. 

The bill was ihen read a third time and passed. 

Special order of the day — 

A bill for An Act to repeal an Act to amend an Act entitled an Act 
concerning Crimes and Punishments, passed April 22, 1851 ; on its third 
reading. 

On motion of Mr. Heydenfeldt, was laid upon the table. 

Senate bill for An Act to repeal the A(?t entitled an Act concerning 
Courts of Justice of this State, and Judicial Officer, approved March 27, 
18?S2. 

Read a second time, ordered to a third reading on to-morrow. 

Senate Joint Resolution, granting leave of absence to Hon. Hugh (J. 
Murray ; on its third reading. 

Mr. Brush moved its indefinite postponement, upon which Mr. Oonness 
demanded the ayes and nays. 

Those who voted to postpone were — 



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Jjos. 18.] 



71 



Messrs. Blake, 


Messrs. Letcher, 


Boetwick, 


Mandeville, 


Brush, 


Martin, 


Cabaniss, 


Meredith, 


Caldwell, 


McGarry, 


Canney, 


Oliver, 


Carpentier, 


Owen, 


Gonness, 


Bedding, 


* Cardozo, 


Bobinson, 


Crenshaw, 


Bogers, 


Estep, 
Garfield, 


Sime, 


Thomas, . 


Harrison, 


Van Dyke, 


Hoff, 


WeDs, 


Irwin, 


Wilson, 


Kittredge^ 


Wing— 32. 


'hose who voted against postponement were — 


Kifessrs. Flower, 


Messrs. Lee, 


Gardner, 


Myres, 


HaUy, 


Pacheco, 


Herbert, 


Beading, 


Hejdenfeldt, 


Snyder, 


Hunt, 


Tighlman, 


Johnson, 


Walker, 


Knight, 


Speaker— 16 



So the motion to indefinitely postpone was adopted. 

Mr. Canny gave notice that he would move a reconsideration of the 
vote just taken on to-morrow. 

Mr. Wing moved to take a recess until half past two. 

Not agreed to. 

On motion of Mr. Brush, at one o'clock, the House adjourned until ten 
o'clock to-morrow. 



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72 [Wednesday, 



HOUSE OF ASSEMBLY. 

Wednesday, Jan. 19, 1868. 

House met pursuant to adjournment. 

The roll was called, and the following members were absent: 

Messrs. Ewing, Fairfax, Gardner, Kittridge, Kiiight, Moore, and 
Smith. 

The Journal of yesterday was read and approved. 

The Speaker announced the House ready to proceed to business. 

On motion, leave of absence for one day was granted to Messrs. Ewing, 
Hunt, Smith, and Knight, and for three days, to Mr. Kittridge. 

Mr Thomas made the following report : 

The Committee on Engrossment, beg leave to report that they have 
examined and found correctly engrossed, the following bills : 

An Act concerning the Courts of Justice of this State, and Judicial 
Officers, approved IVfarch 27, 1852. 

A bill for An Act entitled an Act to authorize the funding of the Debt of 
the county of El Dorado, and to provide for the payment of the same, 
approved May 1st, 1852. 

IJilr. McMeans asked and obtained leave for further time to report upon 
the pay of clerks, &c., until to morrow. 

Mr. Heydenfeldt introduced a bill for An Act to authorize the redemp- 
tion of Real Estate sold for tlie non payment of Taxes. 

Read first and second time, and referred to Judiciary Committee. 

Mr. Brush made the following report : 

(Contested Election Case of Martin vs. Pitzer. See Appendix No. 4.) 

Mr. Irwin made the following minority report : (See Appendix, No. 6.) 

Mr. Canney moved the adoption of the majority report, and also moved 
a call of the House. 

The call was sustained. 

The Clerk called the roll, and it appeared that all the members were 
present 

Mr Canney moved that further proceedings under the call be dispensed 
with. 

Agreed to. • 

Mr. Canney then <lrniauded the ayes and nays upon the adoption of 
the majority report. 

. Those who voted iu favor of the report were — 



Messrs. Bell, 


Messrs. McCandless, 


Blake, 


McFarland, 


Bostwick, 


McMeans, 


Brash, 


Moore, 



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JiML 19.] 



78 



Uesm. Oanney, 


Messrs. Mjres, 
OBver, 


Carpentier, 


Cozmess, 


Owen, 


CardoED, 


Pacheco, 


Coyarrabias, 


Beddmg, 


Crenshaw, 


Eogers, 


Fairfax, 


Snyder, 


Gardner, 


Thomas, 


Garfield, 


Sghlman, 


Herbert, 


Walker, 


Hoff, 


WeUs, 


Lee, 


• Wilson, 


Leake, 


Wmg, 


Mandeville, 


Tei8ei--87. 


Meredith, 




Phoee who voted against the report 


were — 


Messrs. Gabaniss, 


Messrs. Johnson, 


Caldwell, 


Letcher, 


Carhart, 


MoGanrjr, 


Estep, 


Beading, 


Flower, 


Robinson, 


Hatty, 


Sime, 


Harrison, 


Taylor, 


Hejdenfeldt, 


• Van Dyke, 


Irwin, 


Speaker— 18. 



So the report was adopted. 

Mr. Oliver moved the adoption of the |re8oliition declaring the seat of 
Mr. Martin vacant 
Upon which, Mr. Heydenfeldt demanded the ayes and nays. 

Those voting for the resolution were— 



Messrs. BeU, 


Messrs. Meredith, 


Blake, 


McCandless, 


Bostwick, 


McFarland, 


Brash, 


McMeans, 


Canney, 


Moore, 


Carpentier, 
Conness, 


Myres, 
Oliver, 


Cardoaso, 


Owen, 


Covamibias, 


Pacheco, 


Crenshaw, 


Bedding, 


Fairfax, 


Bogers, 


Gardner, 


Snyder, 


Garfield, 


Thomas, 


Herbert, 




10 





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Ti [WBDMBDAr^ 



MOOOTB. Hoff) 


Meean. Walknr, 


Lee, 


WdBi, 


Leake, 


WlBfo 


MandetiDe, 




'hose who voted ag^dns) 


the resohition were — 


Me86i8. CabttUM, 


Mtaan. Johnaoii, 


Caldmtt, 


Letcher, 


CarhMTt^ 


Mc6acc7> 


EBtep, 


• Beadmg^ 


Floweir, 


Bobinaoi)^ 


HaUy, 


Sime, 


HuniM^ 


Taylor, 


Hejdenfeldt, 


yaaI>7]M, 


Lr?rin, 


Speaker— 18. 



So the lesolutioa was adopted. 

On motion, Mr. Pktaar, member elect from the couDtjr of Trinity, came 
forward was quaiified and took his seat. 

Mr. McMeans inlffoduced a bill for An Act explanatory of the duties of 
Sheriffs under tbe 37th section of the Act to provide for levying, assess- 
ing, and collecting Public Revenue, passed April 23, 1853. 

Read first and second time, and referred to Judicisg^y Committee. 

Mr. Garfield inttoduced a bill for An Act to provide for the redemption 
of Comptroller's Warraats drawn payable out of the General Fund. 

Read first and second time, and referred to Committee of Ways and 



Mr. Heydenfeldt presented to the Legislature in the name of Mr. Gibbs 
a map- of the State of OaUS^wiaLf and also, a map of the San Joaquin YaU 
ley. 

On motion of Mr. Tan Dyke, tbo nuips were accfspted, and the thanks 
of the Legislature tendered to Mr. Gibbs. 

Mr. McMeans introduced a bill for An Act entitled an Act to repeal aa 
Act entitled an Act in relation to actions wherein the State is a party, ap- 
proved Mjiy 3d, 185*. 

Read first a^d secood time, and referred to Judiciary Committee. 

Mr. Canney, in accordance with notice given, moved a reconsideration 
of the vote which ipdefinitely postponed a resolution granting leave of 
absence to Judge Hugh C. Murray. 

Mr. Bell moved aeall ^the House. 

The call was sustavied. 

The Clerk called the roH, and Mr. Blake was found to be absent 

Mr. Canney moved to dispenAe with further proceedings under the calL 

The vote was then tatken ufw leponfiidexatJQO, by ayes and nfiys. 

Those who voted for reconsideration were— r 



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M60fn. 



n 



Messrs. 



Ben, 


Messrs. McGavtVt 


Cammg^ 


McMea9«» 


GarlMurt, 


Moof^, 


GarpentiMr, 


Myres, 


Cardavo^ 


Owen* 


Goyannbhifty 


Paoh^M^ 


FairSiJ r 


Readi«ii 


Flower, 


Sime, 


Gardnev, 


Snyder^ 


ally, 


' Taykr, 


Harrison, 


Thomas, 


Herbert, 


^Ifln^^n^ 


Heydenfeldt, 


Walker, 


JahMen, 


Wdb, 


L««, 


Wilsom 
Wing, 


Ledce, 


Meredilh, 


Yeiser, 


McOsBiDees, 


Speaker-«^8. 


ting agauMt raconsideration 


were — 


Boetffiek, 


Messrs. Letcher, 


iBnini^ 


MandevilU, 


Gabaniss, 


McFarland, 


GaldweU, 


Oliver, 


Gonness, 


Beddinfe 


Crenshaw, 


RobuBon, 


G»fidd, 


Bogm, 


Hoff, 


Van Dyk»-.17 


Invki, 





So the vote was reconsidered. 

Ht. Brush withdrew 'the inbtidn to ftidefinitely {K>stpone. 

Mr. Oatpefntier m^oved to rfefer the resolutfoti to *e Jttdiciflry GdnMtfit^ 
tee, wiAi special instrttCtiMis, thatleave otthssfatie should notMttxteeDCto 
before the 14th day of February. 

Not agre^ to. 

The mial vote upon iMe Senate's* iresoltftion strttntla* teve of itbsence 
to Judge Munfay, was lllen taken by ayes a!id rayg. ' 

Tho86 '^Irho voted lor the resolution tr^re-^ 



sttrs. Bcffl, 


'M<ta^ 


:'McCat(dl68S, 


• Ganney, 




'McGarry, 


Garhart, 




McMeans, . 


Oardozo, 




Moore, 


Govarrabias, 




Myres, 


Bstap, 




Owen, 



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7« 




[WsDmiBBAr, 


Mesm. TnbOxi 




IfMttl 


1. Paoheoo, 


Floww, 






Pittser, 


Gardner, 




- 


Reading, 


HaUy, 






Sime, 


Harrison, 






Snyder, • 


HexMrty 






Taylor, 


Heydenfeldt, 
JohnBon, 






Ti^ua, 


Lee, 






Wellg, ' 


Leake, 






Wilson, 


Meredift, 






Yevan—U. 


lioee voting against the leaolotion ' 


nrera — 




MeBBH. Boetwi^, 




Mesan. MaadeviUe, 


Bnub, , 






McFarland, 


Cabaiuas, 






Oliver, 


OaldveQ, 






Beddbg, 


Gaipentier, 






BotMnson, 


Oonness, 






Rogers, 


Crenahair, 






Thomas, 


Oarfield, 






Van Dyke, 


Hoff; 
Lrwin, 






Spedceiv- 21. 


Letcher, 









So the resolution passed 

Mr. Pacbeco mored to take a recess until 2 o'clock P. M. 
Not agreed to. 

Mr. McMeans offered the following, which was lefeorred to Judicary 
Committee. 

Resolved^ In the opinion of the Assembly, that it is not necessary for 
the Clerk of the House to spread at large upon the Journals, the annual 
rqports of the State Officers and that the Secretary of State be instructed 
to pxesenre coie hundred copies of each of said reports for the use of the 
State. 

. Mr. Wilson, Chairman, made the following report : 

The Joint Committee on Enrollment, report that they have this day, 
presented to the Governor for his.approyal. 

Joint Resolution granting four months' leave of absence to J. C. Hays, 
Sheriff of San Francisco. 

Also, An Act authorize the purchase of a press for the Seal of State. 

The following message was received jfiom the Governor : 

I have the Honor herewith, to transmit the Annual Report of the State 
Librarian. (See Appendix No. 6.) ^ 

JOHN BliiLEB. 

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BBpori by ovdkcy was vefoa^ to Gommittee <m Educatim. 

On motion, leave of absence was granted to Mr. Eittridge for one week, 
and to Mr. Tigblman for two days. 

Mr; Gardner gave notice that, at an early day, he would introduce a bill 
require the Comptroller to draw his warrant in fisivor of Beverly C. Saun- 
ders. 

Mr. Canney offered the following, which was adopted : 

Resolvedy That the Committee on Elections be instructed to examine 
and report without delay, in the case o£jyiartin and Pittser. 

Mr. Heydenfeldt gave notice that on to-morrow he would move to 
amend the Standing Rules of this House, so as to create a Committee on 
the State Library. 

The following message was received from the Senate. 

Mr. Speaker : 

I am directed to inform the Assembly that the Senate passed on 12th 
inst., a substitute for Assembly Resolution -to appoint a Joint Committee 
to confer with M. G. Vallejo, in reference to the location of the capital, &c. 

And amended, yesterday, Assembly amendment No. 1, to Senate bill 
for An Act to authorize certain officers and other persons to administer 
oaths. 

And concurred in Assembly amendment No. 2, to same bill. 

A. C. BRADFORD, Secretary Senate. 
19th January, 1863. 

On motion of Mr. Brush, at 1 o'clock the House adjourned until 10 
c^clock to-morrow. 



HOUSE OP ASSEMBLY. 

TH0BSDAT, January ^0, 185S. 

House met pursuant to adjouminent. 

The roU was called, and the foUowmg members were absent : Messrs. 
Covarrabias, Herbert, McCandless, McGarrj and Moore. 
The Journal of yesterday was read a^ approved. 

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Onmption, KDMBtii. fieA^^H tod OorarhiUM ir^t« gnttitod ki4v# ^ff.^b- 
fltoce for i>jie day, and Mr. McGan^dloAs for two d^^. 

The Speaker announced the House ready to proceed to boBuiesSk 

Mr. Kmkb (rresebted ^ petHioA frote the Mayor and OoMoil of the city of 
San Francisco, praying tro pas&age of a law to exempt !Elremen {h>in Jury 
duty. 

Mr. Flower presented a petilion from the btoch and members of the bar 
of San Francisco, praying the passage of a law to exempt Firemen from 
Jury duty. 

Mr. Gardozo presented a petitacti, numerously signed by ci&ens of San 
Francisco, praying the passage of a law exempting Firemen from Jury 
duty. 

Which petitions were severally read and referred to Judiciaiy Com- 
mittee. 

Mr. Yeiser gave notice that, on to-morrow, or some early day thereafter, 
he would introduce a bill directing the Comptroller of State to audit the 
drafts, of the Treasurer of the Stockton State Hospital. 

Mr. McMeans made the following report relative to per diem of Cleiks. 
(See Appendix, No. 7.) 

On motion, the report of the committee with the per diem aUowance to the 
Clerks and other attacliees was laid upon the table. 

Mr. Crenshaw gave notice that, on to-morrow, or on some convenient daj 
thereafter, he would introduce a bill requiring the Governor of this State to 
demand of M. G. Yallejo the performance of his contract, as entered into 
with this State on the 4th day of February, 185^, as soon as the said bond 
becomes due. 

Mr. Owen ofifered the following, which was adopted: 

Mesolvedy by the Assembly, the Senate concurring herein. That a Jcmit 
Select Committee of three on the:paH of the Assembly, and two im -ttieipart 
of the Senate, be appointed to draft a memorial to Congress for the estab- 
lishment of mail routes that are wanting in different parts of this State. 

Messrs. Owen, Garfield, and Myres were appointed committee on the part 
of the House. 

A communication was received from the Secretary of State, transmittmg 
partial returns of the census. 

The communication was read, and, bj order of the House, it was referred 
to a special committee of nine, with instructions to report a bill affixing the 
apportionment of Senators and Representatives. 

Messrs. Redding, Canney, Hoff, Flower, Herbert, Tighhnan, Smith, 
McFarland and Wing were appointed said committee. 

Mr. Teiser made the following report : 

Mr. Speaker: 

The Judiciary C(^mittee to whom was referred ^^A resolution in relation 
to the Journals of this House," have had the same under consideration, and 
instruct me to report it back, with a recommendati<m that the resolutioa be 
indefimtely postponed. 

FRED. YEISBR, 

CfaraiipAn* 



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}as. 20.] 79 

f 

Mr. Garpentier made the following report : 

!rhe Jadiciarj Coiamittde, tp whom waa Foooii^tted aa Act to authorize 
eertun officers to qualify and enter upon their official duties with special 
flvhnjHioiis, kskve instructQcl v^ to repor;t thQ bill back in confonxutj with 
aaid instructions. 

Bill recommitted with special instructions to exchide Oontra Oosi^ firpm 
Ae operations of the bill, and to strike Trinity from among the counties ex- 
ioptedt. 

Ib<3 f(dloini|g raeesilge w>^9 roc^v^d j^rom thei Senate: 

Mr. Speaker: 

I m directled to inform tl^o Assen^bly that the Goremo^ approveid, yes-t 
terday, An Act authorizing the purchase of a Press for the Seal of State, 

Aqid tbfkft the Senate passed^ on tih^ 18th. inpta^t^ An Act relating to the 
Pilots of San Die^o. 

And r^^oted, yestoi^day, Assembljl bill for An Act to repeal the four- 
i9^th seetioq of an Act entitled an Act to Fund the Indebtedness of the 
State, which has accrued or may accrue from April 29th,' 1851, to Decem- 
ber 8l8t, 18^3^ ia^luaire, wi to provide for the p^yq^ent of the three per 
cmU £oiidB« . 

A, C. BRADFORD, 

Secretary Senate. 

Jaii^iy 20, 1853. , 

Mr. Johnson made the following report : 

The Judiciary Committee, to whom was referred An Act to authorize the 
redemption of real estate sold for the non-payment of taxes ; also^ 

An Act explanatory of the duties of Shieriirs under the thirty-seyenth sec- 
tion of the Act to provide for levying, assessing and collecting Public Rev- 
enue, passed April 23d, 1852, beg leave to report the aqcompanying bill, as 
a substitute for the bills before referred to, and recommend its passage. 

JOHNSON, 
On behalf of Committee. 

Hie substitute submitted by the copunittee was then taken up for consid- 
eration. 

On motion of Mr. Heydenfcldt, the House resolved itself into committee 
of the whole, Mr. Hey4enfeldt in the chair, to consider the above substi- 
tute. 

After spending some -time in its consideration and making sundry amend- 
ments thereto. 

On motion of Mr. Thomas, the comi^ittee rose, reported the bill as amend- 
ed, and asked to be discharged from its further consideration. 

The <x>mmittee was disalmged. 



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80 [THdiiSDAry 

On motion of Mr. Hejdenfeldt, the amendmento inad# in committee of the 
whole were adopted by the House. 
The bill was then considered as engrossed, read a third time, and passed. 
The following message was received from the Goyemor : 

In compliance with law, I herewith traa:ismit a list of pardons granted by 
me since January, 1852. 

JOHN BIGLER. 
(See Appendix No. 8.) 

Senate bill for An Act to repeal the Act entitled an Act coneemin g 
Courts of Justice of this State and Judicial Ofltoers, approved March 27th, 
1852, on its third reading. 

On motion, laid upon the table. 

Senate* substitute for Assembly resolution to appoint a committee to con- 
fer with M. G. Yallejo, in reference to the location of the capital, on motion, 
was laid upon the table. 

A bill, an Act to amend an Act entitied aii Act to authorize Wm. Moody 
and Morgan Hart to build a wharf in the county of Solano. 

Read second time, and referred to Committee on Commerce and Navigation. 

Mr. Oardozo introduced a bill for an Act to exempt Firemen from serving 
on militia or jury Suty . 

Read first and second time, and referred to Judiciary Committee. 

Mr. Redding introduced a bill to be entitied an Act requiring the Comp* 
troller to draw his warrant in favor of Beverly C. Saunders. 

Read first and second time, and referred to Committee on Claims. 

Senate bill, an Act to authorize certain officers and other persons to ad* 
minister oaths, amended in the Assembly, and the Assembly amendment 
amended in the Senate. 

The House concurred in the amendment of the Senate. 

Mr. Myres introduced ft bill for an Act to amend an Act tio exempt the 
Homestesird and other property from forced sales in certmn cases. 

Read first and second time, and referred to Judiciary Committee. 

Mr. Owen introduced a biU for an Act to amend an Act entitled an Act 
for the permanent location of the Seat of Government, paesed February 4, 
1851. 

Read first and second time, and referred to Judiciary Committee. 

Mr. Crenshaw mtroduced a bill for an Act to provide for the payment of 
Z. L. Eastham, for work done on the State House. 

Read first and second time, and referred to Committee on Claims. 

Mr. Bostwick introduced a bill entitled an Act to amend the fourth sec- 
tion of an Act entitled an Act concerning Divorces. 

Read first and second time, and referred to Judiciary Committee. 

Mr. Heydenfeldt introduced a bill fer an Act to repeal an Act entitied aD 
Act concerning Divorces. 

Read first and second time, and referred to Judiciary Committee. 

Mr. Carpentier introduced a bill for an Act concerning school moneys. 

Read first time, and ordered to a second reading on to-morrow. 

On motion of Mr. Cardozo, the report of the Surveyor General was taken 
from the table, and one thousand copies ordered to be printed. 



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Jan. 20.] HI 

Accordii^tto previoi^a notice, lyjr. Hej^depfeldt zm>,v^d to amend the p^dr 
ing rules, so as to have a standing committee upon Public Librarj. r,,. 

Agreed to. 

Od motioo of Mr. Hejdenfeldt, the Qerk was inptnieted to report t1^ bill, 
an Act explai^ato^ of .Uie duties of Sheriffs^ and ru^i^^ of Redemptioners 
nnder the 37th section of the Act to provide for the k vying, assessing, and 
collecting public revenae, :piv}s^ April 28j( 1862^. apd ^j&^ forthiv^.t^ the 
Senate. 

Mr* Heyde&feldt mov^d to to]c^ ib reqcnss nntii; S.p'flock.: 

Mr. Gardner moved to acyouxn optil 10 ^Q-morroif .. , ' . : • c 

Agreed to. 



• Ji: 



MOUSE OP ASSEMBLY. 

♦ . .'■''•' ' * 

Friday, Jaanary 21, 1968. 

House met pursuant to adjonroment 

The roll was called, and the following members were absent : Messrs. 
Bdlv Bo9(wiek, Carhart, €arpentie)r/:FUBfax, Otrdner, Meiiedith^IklOore 
add Rbfoitiaooi ^ . ? iw \ 

The Joamalof yeoterday was read andlappixyved. ^ - 

The speaJser annoiAiced the' Houa&reacky lo ptroceed ta bueineea* ^ 

On motion, leave of absence was granted to Meosra. Bell and Mo^ve 
for one day. 

Tbe Speaker announced the following members to compose the stand- 
ing committee on Public Library : Messrs. Fairfax, Leake and Bostwick. 

Mr. Canney asd^ed to be exou^ed ftom sarmng cm the spopial oom- 
mittee of nin^. « . S 

He wa» .excused, and Mr. Johneon w:as.appoinfedin his^pla^e^ 

The spi^alcer laid before the HoMae a repoii qjCt tfa^ agents of Emigrwt 
Relief Expedition. ') .: . . .. t.i , .. 

.Whi<^h was read and referred ^Oi' Committee, din FnbUc iEtpenditures, 
ftfpd three tbousad copies ord^ied :.tQ be{)rintedi> ^eer Semite Appiendix 
No. 8.) 

The Speaitscpr alpo laid be£w tbei Houae the »^pm of thQiSupi^nntend- 
ent of Public Buildings, .^ .i , ; t 

Which was. read and re^Mted to Committee oD PubUo\8uildings. (See 
Appendix No. 9.) ., > 

Mr. Brush, Chainaoan, made the foUowjqg ceporl: (See.Aiqpwdiz 
No. 10.) 

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^^ fiJlft^fc^ tmUbh, fe^rt^d by CbMhiittefe feh ^tetimis/was 
adopted r 

' iR^e^ft^^,. triat W.-tJ: Mirrfh is eiifitf^^ a 9^i in%\^ iAilfethbr^, as 
:*W^i^etiteW fWkh Tffiiity c^fy, Ih^^Jac^ of JJS. Ptttt^r. 

Resolved, Thk 'j.'S: ^meti^lSoi^^ khb^teedkd |)e^ dl^m 6f a. 
member, from the coOms^mme^i it me f^e^t iebMo^ to Ihid dky. 

Mr. Martin, member elect from Trinity comity, then came forward, was 
qualified, and took his seat 

Mr. Ewing, Chairman, made the following report : 

The Committee on Comities and County Boundaries, to whom was re- 
ferred a bill for An Act to attach Signer or Mare Island to Solano county, 
have had the same under consideration, and have instructed me to report 
the bill back without amendment, and recommend its passage. 

The bill was then considered as engrossed, read a third time, and 



The Speaker laid before the House a communication from the Board of 
Education in referencQ^tc^.the a^untj^scho^} fund and its distribution. 

Which was read, ahd^ oh ihbtidh, referred to Committee on Education. 
^Mr. Crenshaw made the following report, relative to petition of Smith, 
Brothers & Co. (See Appendix No. 11.) t 

OA kn6tidt,'im'kp6ti "Md adopted. 

Mr. McMeans made the foIlowiAg r8p9tt: 

yufih^iSAtBBaiteeittk Wkys Imd - QAeans^ to trbom wbJb referred a bill to 
be entitled An Act to provide for the redemption of Comptroller'ib War- 
rants, drawn payable oinoixf the Geniffal Pnmi, have hikd me «aine under 
consideittticMiv and beg^teave to rapotvit back with anisndmeiits, and le- 
t^fiUi^ribdimnetxditsfMuksdge. "^ 

S. A. McMEAI^, 
• Chairmati. ^ 

"- The iu»{tti(hii^n«s^ by the GiNMibitlw ti^e dddf)t6d by the Hou«9. 
The bill considered as engrossed, read a third time and passed. 
AsseiAbiy Ull^ Ab Aot i9«iikiffg «lhe Ockoptroll^r to atfditoeirMin bills 
*<ftlttod taofeihb^in of di6 ^MH^ L^lftttite, W&s asobudM in tlMi tSeAate, 
and the amendments concurred in by the House. 
: tMitXfi \^l Nb. 92, An Act to ktdienA tUe STth Motion 6f th« Att to 
^VMI^Yc^'tevyii^ '^ssefarfklg HAd Mlle(n[&ig Public Revisnue ; i^d mm 
and second time. 

i'Olitd^idn, the rtte WM Itmhe^^Qfi^^tfAM, ktld ^^ bill rdild a lliird 
time, and on its final passage, was defeated. 

^deniil^ibiU Mo.eifUr An Aik vAkikifi U>m^ Di«igo PHotd ; r^d^ond 
time, and ordered to a third reading on to morrow. 
'ThDlibltoti^g iMMigi WftfiitebeivMfrtoi'lhd 9Mat«d : 



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Jak. 2V} ^3. 

I am directed to iaform the Assembly th^t, thei Senate passed yi^8t^4aj|ri 
Assembly bill for An Act roqwrjng tbe Comptroller to ^uw neftam 

bills of the members of the present Legislature, with amendments ; 
And An Act to amend the 37th section of the Act to pr9yid0 fpr 1^]^- 

iog, assessing and collecting Public Revenue. 

; A, p. 9BADP6RP, 

§ecr?tary Sepi^^. , 
Jan. 21, 1853. 

Senate bill for An Act to repeal the Act qanc^rfuag Courts of Justicp of 
this State, and Judicial Oncers, apprpved March ^f^ 1853. 

Read a third time and pajss^d^ 

Assembly bill for An Act concerniag School ItfQaies. on its tibir^ xea^r 
ing, on motion of Mr. Carpentier^ wsA indpCuiitely postj^ned. 

Mr. FairCeix intrpduced a Joint Resol^^ion cpncerniq^ the Histonoal 
Society of the State of Ca-Uforpia, fprqj^d wni^v, the JavT qoncjerQipg jCofr 
poratiotxd. 

Read first and second time, and r^(i9rred t^ (^i^jnxiiittjee on GducatipA. 

Mr. Flower offered the fqllowfp^, whipa ^^ ^dopt^d : . 

Resolved^ Tb^^9 Attorney-General of the State be requested to lay 
befor^ this House his opinion in writing, as to the power of the Legisla- 
tuie, under the first section of article eleventh of t^ Con^itfiljpi^ totij^- 
move the permanent Seat of Government from Yallejo to some other point, 
and if such a power exists, whether i^ re(j[aire$ a vote of two-tb^ds of 
all the members elected^ ojr simply ^ i^ajority, tp ea^pt l^e pasi^a^e pf sv^flv,. 
a law. . ' • i 

Mr. Ewuig offered the following : 

Resolved^ That the'usiB of this hall b^ tendered to any Minister of tl^ 
Gospel for the performance of divine ^yor^hip^ each Sa^bbath during the 
present session of the Liegislaturei. 

Adop^d* 

Mr. Wing offered the following, which was adopted : 

Resolv^ That the Clerb of t^p As^^mbly be empowered to emp)<iy 
anch number of Clerks as may be neppssary^ frop tijqie ^ time^ tp copy 




On motion, leave of absence w^ flf^^!^^ ^ ^* ^^biWPPt $^ ^h^ 
balance of this week. 

On inotion of Mir. Pci^^enfel^f, ^1^1^ ^qppp foqlj:.^ r^^^^ ffptiji |i?tU''W«t 



nro. 



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84 [I^DAT, 

2| o'clock. 

•House me't pursuant to adjournment. 

The following message' was received from the Senate : 

Mr. Speaker: 

I am directed to mibnn the Assembly that the Assembly passed, yes- 
terday, Joint TResolutiOti in relation to the Public Lands, and appointed as 
a committee on the part of the Senate, as required by the resQlutiop, 
Messrs. Ralston, Sprague and Estill. 

And passed this day, a bill for An Act to legalize certain Records of 
Deeds in the County of Sacramento. 

And concurred iti Assembly Resolution, to appoint a joint select com- 
mittee, to draft a memorial to Congress for the establishment of Mail 
Routes in different parts of this State ; and have appointed Messrs. Wom- 
bough and Baird, on the part df the Senate. 

And passed with amendments. Assembly bill, An Act explanatory of., 
the duties of Sheriffs and Rights of Redemptioners, under the thirty- 
seventh section of the Act tonrovide for levying, assessing and collecting, * 
public revenue, passed April j3d, 1862. ' 

And passed this day, a bin for An Act to amend an Act concerning 
Crimes and Punishments, passed April 16th, 1850. 

A, C. BRADFORD, .. 

Secretary of the Senate^ 

aistof January, 1853. 

Assembly bill, An Act explanatory of the duties of Sheriffs and Rights 
of Redemptioners, under the thirty-seventh section of the Act to provide 
for the levying, assessing and collecting public revenue, passed April 23, 
1852, amended in the Senate. The Senate's amendment concurred in 
by the House. 

On motion, the Clerk was instructed to notify the Sena^te of the opn- 
currence of the Assembly to Senate amendm,ent.l6^the above Ijill. . . ' ; j 

Mr. Cabaniss offered the following, which wai^ adopted : • ' . 

JResolvedj That the resolution granting to Ministers of the Gospel the 
use of this h^ll, be construed as allowing them to preach in said hdll tmt 
once a day. ' 

Oniwotionof Mf/Thomas, th^ House took up for consideration, a re* 
solution fixing the pay of the Clerks ^nd other attaches of the Assembly. 
'OnmotSonof Mr. Canhey,' the House resolved itself into committee, of 
the whole, Mr. Heydenfeldt in the chair, to consider the above resolution. 
After spending «ome time in its considerationi and making sundry ameridr 
ments thereto, 

On motion of Mr. McMeans, the committee rose, reported the resolution 
as amended, and asked td be discharged. 

The committee was discharged. 

The amendments niade in liie coniinitte^ of the whole, were^^adop,ted 
by the House^ 

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Jan. 21;] 85 

The following is the pay fixed for ther^Jlerks and other attaches of the 
Assembly ; 



For the Chief Clerk, 


^16 00 per day. 


(( 


Assistant Clerk, - 


16 00 «' 


(t 


Enrolling Clerk, - 


14 00 " 


i< 


Engit)9sing Clerk, 


-14 00 <* 


(i 


SergeantHSit- Arms, ' - • < 


16 00 « 


(( 


Door-Keeper, 


- 14 00 •< 


i; 


Committee, and other Clerks, - 


14 00 « 


u 


Pages, each, - - 


8 00 «' 


u 


Chief Porter, 


14 00 « 


ii 


Other Porters, eaob^' - 


. * .. 10 00 . « 


On motion of Mr. Irwin, at 4 o'clock, the House adjourned until 10, 


otiock^ to- mono w. • 





HOUSE OP ASSEMBLY, 



Hoose met pursuant to adjournment. 

The roll urns called, and the following members wisfe absent : — Messrs. 
Csrpentier, Covarrubia^,- Fahfax, Harrison, Lee, Martin, Meredith, Me- 
Garry, Owen, Beading, Redding, Taylor, Wilson, Wing and Yeiser. 

The Journal of yesterday was read, amended and approved. ' . 

The Speaker announced the House ready to proceed to business. / 

On motabn, leav^ of absence was granted tb Messrs. CovaAubias, Martin, 
Ifoote, Meredith, McGarry,OarpenMef , Hairrison, Readingj'Redding, Taylor, 
Wmg ahd Yeiser, for one day ; to Mr. Owen, for two days ; and to Mr. 
Mmson, until neist Thursday. 

Mr. Vam Dyke moved to strike from the Journal the proceedings had oil 
yesterday in reference to a bill which had psussed both Honses> % 

Agreed to. 

Mr. MdMeans moved to reconsider the vote of yesterday, which concurred 
in the amendments made by the Senate to Assembly bill, explanatory of the 
duties of SheriSs and redemptioners under tax sales. 

Hie Yote was reconsidered ; and, 

On motion, the the House refused to concur in Senate amendments. 



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86 [SAfTQRDAX^ 

On motion of Mr. Hejrdenfoldt, a oanmi$M. pf cptf&ip^iofi^ v^ M^K^i ^ 
Messrs. Heydenfeldt and Mc Means appointed on the part of the Asaeqiibly, 

Mr. Canney presented a petition from members of the Assemblj, asldng 
the appointment of Virgil C. Bartlett, as one of tl^ Pag6|ii of tbiiB Qoose^ 
and offered tiie following, which was adopted : 

Resolved^ That Vvgil G. Bartlett is hereby apppinM Aflsi^dant Page of 
ihe Assembly, and that his appointment shall dM^ btM^k to the 4th day of 
January, 1858. 

Mr. Wilson made the following report : 

The Joint Committee on Enrolled Bills have examined and And correctlj 
enrolled Joint B(|iolation granting leave of absence to Hon. Hugh G. Mar* 
ray. 

The Afil requiring the Comptroller to audit certam billa of the members 
of thQ present Legislature. ' 

Mr. Letcher offered the following : 

Bewlvedy That no contestant for a seat in this House shall be allowed any 
pay, either for mileage or per diem, unless his claim is founded on some 
reasonable grounds. 

Which, on motion, was laid upon the table. 

Senate Joint Resolution in relation the Publi(; Lands. 

Bead first time and laid «pon the table. 

Senate bill for An Act relating to San Diego Pilots. 

Read a third time and passed. 

Senate bill for An Act to legalize certain Records of Deeds in the county 
of Sacramento. 

Read first tuaye aad ordered to a second reading on to-morrow. 

Senate bill, An Act to amend an Act concerning Grimes and Punish- 
ments, passed April 16th, 1850. 

Read first time and ordered to « second reading on tormpirow. 

The foUoiffing message was reoeived from tib^ Mnat0 : 

Mr. Speaker: 

I am directed to inform the Assembly that the Senate ha^e appoint pn 
thidir part, Messrs. flager and Crabb, as a committee of conferepqe <m ihff 
disagreeing vote of the two Houses on Assembly bill for an Act explanatory 
of the duties of Sheriffs and rights of Redemptioners, under the 87ui section 
of the Act to provide for leyying, assessing, and coUectmg piiblic revenue, 
passed April 23,1852. 

And passed yesterday a Concurrent Resolution, herewith presj^nted* 
4kAd an Act to provide for the redemption of lands so)d for t^es* 

4^. C. BRADFORD, 

Seoretfffy.S^PltPi* 
January 2% 1853. 



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Jitf. 22] 



M 



Bead first time, and ordered to a second readmg on io-m6tfiyk. 

Senate cononinsAt fesoltition ^-iaihorize the members of the Senate and 
Aflemblj to appear before the Joint Committee investigatbg the State 
PiiBonlnU^ 

Was, on motion, mdefinitely postponed by ayes and najs^ as follows— ^ 

ATB8. 



Messrs. Blake, 


Hany, 


Bostwick, 


Hoff, 


Csl^ax^, 


Knight, 
lieafe. 


Caldi^eU, 


CtabBii 


"HaiBidevtile, 


Cpnness, 


Myres, 


CtetmtiBtWj 


OliTer^ 


Estep, 


Sime, 


Ewing, 


Snyder, 


Flower, 


StoMh, 


Gardner, 


Thomas, 


Garfield, , 


Van Dyke--24. 




*itB. 


Messrs. Brash, 


Ifessn. IteVarlflind, 


Canney, 


Pacheeo, 


Cardoso, 


Rogers, 


Herbert, 


tV etixo. 


Inria 


WUeon, 


LetcliW, 


Speakei^l2. 



Kr. Wells introduced a bill for An Act to amend an Act entitled an Act 
to protide for the ^posftioti of the fire hundred tho^asand tteres of land 
granted to this Stete h^ Act of Congress, April, 1841. ^ 

Bead first and secoiid time, and referred to Cottinnttee eh PnUie Lflttds. 

tir. lliomais miade the foHotrilng teport : 

The Committee on Engrossment have ezammed and found eoifrectly m- 
grossed the followmg bills : 

A biU for an Abt to aStabh Signor or Mate Ishthd to SoUmo, county and 
an Act to provide for the redemption of isomjrtroller's if arrahts, iwyable out 
of the giieral fund, 

The ^ow^ mnMiige was i^cdived fihom like Senate: ^ 

I am directed to inform the Assembly, that the Senate this day concurred 
m the report of the Committee of Conference on the disagreeing vote of the 
two Hbtises in AMiettSSij tnU for 

^^Ah i&c% ^Iknatdry 6^<he duties of sheriffii and rights of redemptioners 



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9S t^^?»9-fTi 

mdevaft-f^U^fc to.pr^^de^ipr Jev^ifgi^ oqWepj&ag public ^^venae, 

approved, Ami 23, 1862,?.- . . .^.,., , . . . . i r « 

. ... , :A. C. BI5IADFOIU),. // 

.„ •■ . . Secretary Senate. 

January 22d, 1863. 

Mr. Flower offered the following, which wad adopted : 

Besolvedy That the Governor be requested to lay before this House the 
last annual report of the. State Treasurer. 

On motion of Mr. Cardozo, the Clerk was instructed to no^fy the Senate 
forthwith, that the Hou|9e refused to concur in Senate's Concurrent Resolu- 
tion, admitting members to go before the joint committee in reference to 
State Prison bill. . 

Mr. Heydenfeldty £rom the committee of conference, made the foUowmg 
report. 

The committee of conference, to whom was referred Assembly bill entitled 
an Act explanatory of the duties of Sherifi' and rights of Kedemptioners 
under the thirty-seventh section of the Act to provide for the levying, as- 
sessing and coUecting Public Revenue, passea April 23, 1852, have had 
the same under consideration, and beg leave to make the following report : 

Amend by insertmg the enacting clause. Third section, amend by in- 
serting the words, ^^ and deed? after the word certificate. Strike out ^^ fourth 
and fifth and sev^th sections." Strike out all after the word ^^ thereon" 
in sixth section ; make the number of sections correspond. 

All of which is respeotfully submitted. 

HEYDENFELDT, Chairman. 
EAGER, Chairmap Senate. 

: The report of the committee was adopted, and the amandine&ta conr 
curred in. 

. Mr. Flii>Mrer moved tp reconsider, the vote , which i^dopted a. resc^ution- re- 
questing the Governor to furnish .th^ last annual report of the State Trea- 
^9«iret to 4b» House. ,1' 

The vote was reconsidered. 

The reeoluti(oa was thei^ on,.piptiQn, laid. npo^. the tati^^^ 

Mr. Wilsgm made the Allowing reiK)rt ; . ;. 

* '•''.■• 

The Joint Committee on Emt^Ued , SilUi, have examined . and found cor- 
rectly enrolled. An Act explanatory of the duties of Sheri& and rights of 
Redemptioners under the thirty-seventh section of the Act to provide for $he 
levying, assessing and collecting Revenue, passed April 23, 1852. • 

J. M.' Wilson; 

Assembly Committee. 
PTJTTJ? A. ROACH,.. 
Senate. 
January 22, 1853. 

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Jan, M.] 89 

Ifr. Blake offered ihe fonowmg : 

Refohed^ That the Speaker of the Assembly is hereby requested to ofibr ^ 
to Miss Gia&arine Hayes the free nae of this Hall on any^yening she mary 
desire it. 

Mr. Gardner moved to lay the resolation on the table. 

Agreed to. 

The following message was received from the Governor : 

I have this day approved an Act entitled an Act explanatory of the duties 
of Sheri&, and rights of Bedemptioners nnder the thirty-seventh section 
of the Act to provide for the levying, assessing and collecting of Public 
Bevenue, passed April 23, 1852. 

JOHN BIGLER. 

On mojdon of Mr. Heydenfeldt, the clerk was instructed to noti^ the 
Senate, that the Governor had approve<^ the Act explanatory of the duties 
of Sheriffii and rights of Bedemptioners under tax sales. 

On motion of Mr. Sime, at 8 o'clock the House adjourned until 2 o'clock 
on Monday next. 



HOUSE OF ASSEMBLY- 

MoifDA¥, Janniuy 24^ 1868. 

Heose met piarsoant to adjiiicenineiit. 

The roll was called, and the followmg members were | absent: 
Messrs. Blake, Caldwell, Carbart, Carpentier, Cardozo, Fairfax, Gard- 
ner, Hally, Heydenfel^t, Indti^ Knigbt, Lee, Leake, McOandless, McFar- 
laiid, Moore, Pacheco, Robinson, Smith, Thomas, Wilson, Wing, and 
Yeiser. 

The Journal of Saturday was read andappKOiped. 
The S|)eaker annoimoed the House ready to proceed to businesa 
On motion, leave of absence waa granted for one day, \o Messrs. Smith, 
Wiog, Garhart, McFarland, Moore, Leake, Carpentier, Wilson, McCand- 
less, Fairfax, Cardozo, Blake, Gardner, Robinson, Heydenfeldt, Pacheco, 
and Yeiser. Messrs. HaUy and Lee, for two days. 

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90 [TinsDAT, 

Mr. Hoff presented a petition from sundry cifiEens of Tiwhunne coiiii- 
ty, praying for the passage of a law authorizing the funding of the Coun- 
ty.Debt. 

Petition was read and referred to the Delegation from Twlomne coon- - 
ty. 

Senate bill for An Act to legalize certain Records of Deeds in the coun- 
ty of Sacramento. 

Read a second time, and ordered to a third reading on to-morrow.. 

Senate bill for An Act to provide for the redemption of Lands sold £br 
Taxes. 

Read second time, and referred to Judiciary Cpounittee, 

Senate, bill, An Act to amend an Act concerning Crimes and Punish- 
merits, passed April 16, 1860, 

Read second time, and referred to Committee on Mines and Mining 
Interests. 

On motion of Mr, Mandeville, the House adjourned until 10 o'clock, 
to-monow. 



HOUSE OF ASSEMBLY. 



, TuBSDAY, January 25, 1853. 

The House met pursuant to adjournment: 

The roll was called, and the following members were absent : — ^Messrs* 
Bell, GovaiTubias, Rogers and Thomas. 

The Jouinal of yettordaj was read and approved. 

The Speaker announced the House ready to proceed to business. 

Mr. Martin presented a petition from eitiveas of Trvoitj .conaly, piaying 
for a division. of the county^ > 

•Read and referred to Committee on Comity and Coutty Boundaries. 

Senate UH for an Act to legidise oertain record of 4eeds in the county of 
Saaramflstok . 

Read a third time ; and 

On motion, laid upon the tsbis.' 

Senate bill for an Act to amend an Act appropriating moneys to meet the 
Coktmgent Expenses of Goremment, approtdi Mi^ 4, 1852. 

Read foret and second time, and i^forred to Committee of Ways and 
M^ans. 



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Jan. 25.] 91 

Senate b3I fer an Act to repeal an Act creating &e office of Snperist^n- 
dent of Pablic Bml£ngs. 

Read first aod second time, and referred to Committee on Pablic Boild- 
xDgs and Oronnds. 

Mr. Flower introdnced a biB for an Act to provide for the mote perfect 
indexmg and classification of the Land Records of the city and county of 
San Francisco. 

Read first and second time, and referred to the San Francisco delega- 
tion. 

Mr. Letcher introdaced a bill for An Act concerning Roads and High- 
ways. 

Read first and second time, and referred to Committee on Roads and 
Sghways. 

^e followxng message was received from the Senate : 

I am directed to inform the Assembly, that the Senate passed, on the 
22d instant, An Act to amend an Act appropriating money to meet the 
Contingent Expenses of Government, approved May 4, 1852 ; 

And a bill for An Act to repeal an Act creating the office of Supennten- 
dent of Pablic Buildings. 

A, C. BRADFORD, 
Secretary of the Senate. 
January 24, 1868. 

Mr. Snyder offered the following, which was adopted : 

Heiolvedy That the regular hour of meeting of the Assembly shall be at 
10 A. M., unless otherwise ordered. 

Mr. Brush gave notice that he would, on some future day, introduce a 
bill for the regulation of salaries of officers. 

The following message was received from His Excellency the Governor : 

I have this day approved an Act entitied An Act requiring the Comp- 
troller to audit certain bills of the members of the present Legislature. 

JOHN BIGLER. 

Mr. Brush offsred the following, which was, on motion, laid upon the 
taUe: • 

Resolvedy by the Assembly, (the Senate concurring,) That the two 
Houses meet iiFthe Assembly chamber on Thursday, the 27th instant, to 
elect a Superintendent of Public Buildings. 

Mr. Crenshaw offered the following, which was adopted : . * 

BtBolveAy That the Governor of this St&te be requested to inform this 
House, whether M. G. Vallejo has granted to this State the lands mentioned 

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92 [Wbdnbsdat, 

in his piDporitiaa sabmitted to the Legialalnre of thki State <m the third daj 
of Apnly 1850, respecting the permanent Seat of Goyemment. 

Mr. Wells introduced a bill for An Act to amend an Act entitled an Act 
to provide for levying. aBsessing, and collecting public revenue, approved 
April 23, 1852. ^ 

Bead first and second time, and referred to Committee of Ways and 
Means. 

Mr. Eittredge gave notice that he would, at an early d^, introduce a 
bill to amend an Act entitied An Act concerning Beads and Highways. 

Mr. Van Dyke gave notice that on to-morrow, or soon thereafter, he 
would introduce a bill for an Act to amend the eighty-seventh section of an 
Act entitled an Act concerning the Courts of Justice of this State and Judi- 
cial Officers, passed March 11, 1851. 

Mr. McMeans gave notice that on to-morrow, or at an eariy day, he 
would introduce a bill to establbh an Asylum for the Insane of the State of 
California. 

Also, a bill to repeal the existing laws creating Hospitals in this State, and 
for other purposes connected therewith. 

Mr. Brush gave notice that on to-morrow, or some future day, he would 
introduce a bill to abolish all laws for the coUection of debts. 

Mr. Canney gave notice, that on to-morrow, or soon thereafter, he would 
introduce a bill for the appropriation of the sum of $370,000, which will be 
due this State on the 4th of February next. 

On motion of Mr. Mandeville, the House adjourned until 10 o'clock; to- 
morrow. 



HOUSE OF ASSEMBLY. 



.Wbdnesbat, January 26, 1853* 

House met pursuant to adjourmnent. 

The roll was called, and the following members were absent : — ^Messrs. 
Canney, Carhart, Fairfax, Gardner, Kittredgc, McMeans^. Oliver, Pacheco, 
Beading, Bogers, Smith, Tighhnan, Walker, Wilson and Yeiser. 

The Journal of yesteiday was read and approved. 

The Speaker announced the House ready to proceed to business. 

On motion, leave of absence was granted to Messrs. Fairfax and Smith 
for one day ; and to Messrs. Carhart, Bogeis and Pacheco for three days. 

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Jak. 26.] 93 

Mr. Heydenieldt presented a petition for the relief of Clark and Crame. 

Bead, and referred to Committee on Public Buildings. 

Mr. Heydenfeldt presented, also, an account of George T. Bigby, 

Which was referred to Committee on Clsdms. 

Mr. Meredith presented a petition of sundry citizens of Tuolumne county, 
praying for the passage of an Act to fund the debt of Tuolumne county. 

Referred to the Delegation from that county. 

Mr. Owen presented a petition from sundry citizens of Solano county, 
praying for the passage of a law in reference to settlers upon public lands 
m this State. 

Read and referred to Judiciary Committee. 

Mr. Yeiser made the following report : 

The Judiciary Committee, to whom was referred back An Act to author- 
Be certain officers to qualify and enter upon their official duties, with in- 
stractions, ask that they be instructed to prepare a new bill as a substitute 
for said bill. 

Also, that they have carefully considered An Act to amend an Act enti* 
tied an Act for the permanent location of the Seat of Government, passed 
February 4th, 1851, and respectfully recommend that it be rejected. 

Chairman. 
January 26, 1858. 

The bill, in accordance with the suggestion of the committee, was referred, 
with instructions to prepare a substitute. 

Assembly bill, An Act to amend an Act entitied an Act for the perma- 
fient location of the Seat of Government, 

On its third reading wsus lost by a vote of the House. 

Mr. Heydenfeldt offered the following, which was adopted : 

Ruohedy That the Treasurer be requested to inform the Assembly what 
amount has been paid into the State Treasury by the Commissioners of the 
Funded Debt of the dity of San Francisco, and at what time the same was 
ptod. / 

Mr. Covarrubias offered the foUowmg : 

Resolved^ That a joint conmiittee of three from the Assembly, and a like 
number of the Senate, be appointed for the purpose of carrying into effect 
provisions of the Act providing for tho translation of the Laws into the 
Spanish language, passed March 18th, 1851. 

Mr. Heydenfeldt moved to amend the resolutions by inserting " the Sen- 
ate concurring." 

Agreed to. 

Resolution as amended was then adopted. 

Messrs. Covarrubias, McFarland and Pacheco were appointed said com- 
mittee. 



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94 [Wednesday, 

Mr. McMeans introduced a bill for An Act fixing the Seat of Goyern- 
ment permanently. 

Bead first and second time, and ordered to a third reading on to-mor- 
row. 

Mr. Leake introduced a. bill for An Act to amend an Act concerning 
Courts of Justice of this State and Judicial Officers, passed March 11th, 
1851. 

Read first and second time, and referred to the Judiciary Committee. 

On motion of Mr. Heydenfeldt, Senate bill for An Act to legalixe certain 
Records of Deeds in the county of Sacramento, was taken from the table ; 
and, 

On motion of Mr. Conness, the vote which read the bill the third time on 
yesterday, was reconsidered, and the bill referred to the Judiciary Com- 
mittee. 

The Speaker Isdd before tho House papers in reference to the contest of 
the seat of Mr. McCandless ; 

Which were read and referred tp Committee on Elections. 

The following message was received from the Senate : 

Mr. Speaker : 

I am directed to inform the Assembly that the Senate passed, yesterday, 
a Concurrent Resolution for the organization of a joint select committee of 
the two Houses on the subject of apportioning the Senatorial and Assembly 
Districts of the State ; and 

Assembly bill for An Act to attach Mare Island to Solano county ; 

And that the Governor approved, yesterday. Joint Resolution to allow 
four months' leave of absence to John C. Hays, Sheriff of San Francisco 
county ; and 

Joint Resolution granting leave of absence to Hon. Hugh C. Murray. 

A. C. BRADFORD, 

Secretary of the Senate. 
January 26, 1853, 

Senate Concurrent Resolution, appointing a Joint Committee to apportion 
the Senators and Members of the Legislature under the Census of 1852, 
was an^eiided. 

Read and adopted. 

Mr. Wilson, chairman, made the following report : 

The Joint Committee on Enrollment respectfully report, that they have 
examined, and found correctly enrolled, An Act to repeal an Act entitled an 
Act concerning Courts of Justice of this State and Judicial Officers, ap- 
proved March 29, 1852. 

An Act relating to San Diego Pilots. 

Also An Act in relation to the supplies of Fuel and Other Contingent Ex- 
penses of the Legislature. 



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Jas. 26.] 95 

Mr. Owen introduced a bill in reference to Lawful Fences and Animals 
Trespassing. 

Bead first and second time, and referred to Committee on Agriculture, 
and one hundred copies ordered to be printed. 

Mr. Van Dyke, introduced a bill to change and define the Boundaries of 
Trinity and Klamath counties, and to establish a new county to be called 
the county of Humboldt. i 

Bead first and second time, and referred to Committee on Counties and 
County 3onndarie8. 

He also introduced a bill for An Act to amend the eighty-seventh section 
of an Act entitled an Act concerning the Courts of Justice of this State 
and Judici&l Officers, from March 11, 1851, and to repeal an Act amenda- 
tory thereof, approved May 3,.1852. 

Bead first and second time, and referred tQ Judiciary Committee. 

Mr. Brush offered the fbllowbg, which was, 

On motion, hud upon the table< 

Begohedy That the members of this Assembly draw for their seats m this 
House. The lowest number being entitled to the first choice. 

Mr. Owen moved to adjourn. 

Not agreed to. 

Mr. Heydenfeldt moved to take a recess until i past 2 o'clock. 

Not agreed to. ^ 

Mr. McFarlaod gave notice that he would, on to-morrow, er at an early 
day, introduce a bill for an Act for the Government and Protection of In- 
diiias. 

Mr. McCandless gave notice that he would, at an early day, introduce 
a bill to Fund the Debt of Sutter county. 

Mr. Carpentier gave notice tiiat, on to-morrow, he would introduce pro- 
posed amendments to the second and third sections of article sixth of the 
Constitution of the State of California. 

On motion, at half past 12, the house adjourned until 10 o'clock to-mor- 
row mommg. 



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96 [TnuHBDAr, 



HOUSE OF ASSEMBLY. 

Thursday, January 527, 1863. 

House met pursuant to adjournment 

The roll wcw called, and the following members were absent : Messrs. 
Covarrubias, Irwin, Leake, McCandless, Rogers and Wilson. 

The Journal of yesterday was read and approved. 

The Speaker announced the House ready to proceed to business. 

Mr. Heydenfeldt presented a petition from Andrew J. Price, with an 
account annexed. 

Bead and refened to Ck>mmittee on Claims. 

Mr. Wilson, Chairman, made the following report: 

The Joint Committee on Enrollment have examined and found cor-% 
rectly enrolled An Act' to attach Signer or Mare Island to Solano county. 

Also, An Act to authorize certain ofllcers and other persons to admin- 
ister oaths. 

Mr. McCandless. oflEered the following, which was laid upon the table : 

Resolved, That a Committee of three members of Assembly be ap- 
pointed, for the purpose of examining the condition and affairs of the 
State Marine Hospital at San Francisco, and that said Committee have 
power to examine persons and papers, and that they report as soon as prac- 
ticable. 

Mr. Wing offered the following, which was adopted : 

Resolved, That the Committee on Public Buildings and Grounds be 
and are hereby instructed to report to-morrow on a bill for An Act to pro- 
vide for the permanent location of the Seat of Government, referred to 
said Committee. 

Mr. Cardozo made the following report ; 

The Committee on Public Lands, to whom was referred a bill for An 
Act for the disposal ol the five hundred thousand acres of land, granted 
to this State by Act of Congress, approved 4th April, A. D. 1851 ; have 
had the same under consideration, and have made the following amend- 
ments thereto : 

Change section " one" to section " two." 

Change section "two" to section " three." 

Change section " three" to section " four." 

And read for section one the amendment thereto added. 



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Jan. 27.] 97 

They beg to return said UD with the amendments to the Hcmse, and 
most respectfully recommend their adoption, and the passager of the bill. ^ 

All of which is submitted. 

J. N. OARDOZO. 
Chairman of Committee on Public Lands. 

The bill and amendments, by order, were laid upon the table. 

Mr. Teiser introduced a bill for An Act to authorize the Comptroller to 
audit the accounts of the Board of Trustees of the Stoo]£tOQ State Hospi- 
tal. 

Read first and second time, and referred to Committee on Claims. ' 

Mr. Mc Means iatrodueed a bill for An Act to establish an Asylum for 
the Insane. , 

Read first and second time and referred to Comnutee on Hospitals, and 
five hundred copies ordered tp be printed. 

Mr. Hally introduced a bill for An Act to amend the 9th section of an 
Act concerning Judges of the Plains, and defining their duties, passed 
April 25, 1861. 

Read first and second time, and referred to Judiciary Committee. 

The Committee on Commerce, to whom was referred a bill fi-r An Act 
to amend an Act entitled an Act to authorize William Moody and Morgan 
Hart to build a wharf in the county of Solano, have had the same ufder 
consideration, beg leave to return said bill to the House as defective, re- 
port a substitute for the same, and respectfully recommend its passage. 

All of which is submitted. 

J. N. CARDOZA, 

Chairman Committee on Commerce., 

The subwstitute, an Act amendatory of an Act to authorize William 
Moody, and Morgan HartJ to build a Wharf in the county of Solano, 
considered as engrossed, read a third time, and passed. 

Mr. Owen offered the following : 



Resolved, 
lature 



olved, By the Assembly, (the Senate concurring;,) That this legis- 
will hold its present session at the city of Vallejo. 

Mr. moved to lay the resolution on the table. 

Upon which, Mr. Owen demanded the ayes and nays. 

Those voting aye were — 

Messrs. Blake, Messrs. Hall;^, 

Bostwick, Harrison, 

Brush, Hoff, 

Caldwell, Meredith, 

Conness, McFarland, 

Cardozo, Thomas, 

Crenshaw, Van Dyke, 

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99 [TpnBsi>jLy, 



Mesflnr. Ewing, 


Messrs. Wilson, 


Fairfio^ 


Speaker— 20. 


Flower, 


Tiose voting nay we»— 


^ 


Messrs. Bell, . 


Messrs. MandeviDe, 


Cabaniss, ' 




v/anney^ 


Oliver, 


Carhart, 


Owen, 


Estep, 


Reading, 


Gardner, 


Reddmg, 


Garfield, 


Robinson, 


HeAert, 


Sime, 


Heydenfeldt^ 


Snyder, 


Johnson, 


Smith, 


Eittredge, 


Taylor, 


Enight, 


Walker, 


Lee, 


Wells, 


Leake, 


Yeiset— 29. 


Letcher, 





8^ the resolution was not laid upon the tabte, 

Mr. Canney moved to indefinitely postpone the resolution. 

Mr. Mandeville demanded a call of the House. 

The call was sustained* 

The Clerk called the roll, and the following membeis were absent : — 
Messrs. Irwin, Leake, McGarry and Tighlman. 

On motion, the Sergeant-at-Arms was despatched after the absentees. 

On motion, Me&srs. Leake and Tighlman were admitted within the 
bar of the House, and excused. 

On motion of Mr. Canney, Messrs. Irwin and McGarry were excused. 

On motion of Mr. Taylor, further proceedings under the call was dis- 
pensed with. 

Mr. Canney then withdrew the motion to indefinitely postpone. 

The resolution was then put on its final passage, and Mr. Canney de- 
manded the ayes and nays. 

Those who voted aye were — 



Messrs. Bell, 


Messrs 


. Leake, 


Gabamss, 




Mandeville, 


CaldweU, 




McGarry, 


Covarrabias, 




McMeans„ 


Ewing, 




Myres, 


HaUy, 
Herbert, 




Oliver, 




Owen, 


Heydenfeldt, 




Robinson, 



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Jan. 27.] 



d9 



Messn. HoS^ 


Messrs. Walker, 


Johnson, 


Yeiser— 21. 


Kittredge, 




Tiose voting nay were- 


' 


Messrs. Blake, 


Messrs. Meredith, 


Bostwiok, 


MeGandlesSy 


Brush, 


McFariand, 


Cannoy, 


Moore, 


Garhart, 


* Reading, 


Gonness, 


Redding, 


Cardozo, 


Sime, 


Grenshaw, 


Snyder, 


PairfM, 


Smith, 
Taylor, 


Flower, 


Thomas, 


Gardner, 


Tighlman, 


Garfield, 


Van Dyke, 


Harrison, 


Wells, 


Knight, 


Wilson, 


Lee, 


Wing, 


Letoher, 


Speake^-84 



So the resolution did not pass. 

Mr. Halley introduced a bill for an Act for the relief of E. J. Osbom* 

Read first and second time, and referred to the Committee on Claims. 

Mr. Wells introduced a bill for an Act to amend an act entitled an 
Act to regulate proceedings in Criminal cases, pafiHied May 1st, 1851. 

Read first anrl second time, and referred to Judiciary Committee. 

On motion of Mr. Heydenfeldt, the Committee on education was in- 
structed to report immediately, upon a Joint Resolution in relation to a 
Historical Society in San Francisco. 

And on his motion, leave of absence was granted to Speaker Wall for 
two days. 

Mr. Teiser offered a resolution asking the President of the United 
States to appoint Edmund Randolph Commissioner to China. 

Mr. Canney demanded the previous question, upon the resolution. 

The Speaker put the question, '* Shall the main question be now put?' 

And Mr. Robinson demanded the ayes and nays. 



Those who voted for the main question were — 



Messrs. Bell^ 

Bosiwick, 

GabanisSy 

Ganney, 

Gardoio, 

Govarrubiady 



McFarland, 

McGarryu 

MoMeanei,^ 

Moore, 

Owen, 

Reading, 



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100 



[Thobspay, 



Messrs. Crenshair, 


Messn. 


Bedding, 


Ejfing, 




Sime, 


Fairfax, 




Snyder, 


Flower, 




Smith, 


Gfardner, 




Taylor, 


Garfield, 




Tbomas, 


Herbert, 




Tighlman, 


Hejdeofbldt^ 




Walker, 


JobmUf 




Wells, 


Lee, 




Wilson, 


Leake, 




Wing, 


Meredillh, 




Teiser— 87. 


MeCaodless, 






rhose who voted nay were — 






Messrs. Blake, 


Messrs. 


. Eittredge, 


Brush, 




Knight, 


Caldwell, 




Letcher, 


Carhart, 




Mandevaie, 


Conness, 




Oliver, 


Estep, 




Robinson, 


Hally, 




Van Dyke, 


Harrison, 




Speaker — ^17. 


■ Hoff, 







So the previou(3 question was sustained^ 

The main question was the passage of the resolution* 
Mr. Yan Dyke demanded the aye^ and naya 



Those who voted for the lesolulioa were— - 



Messrs. 



Bell, 

Gabaiiiss, 

Canney, 

Covarruboas, 

Crenshaw^ 

Swing, 

Fairfax, 

Flower, 

Gardner, 

Garfield, 

Herbert, 

fieydenfi^dt, 

Johnson, 

juee, 

Leake, 

Meredith, 

McCandless, 

McFarland, 



MoGarry, 
McMeans, 
Moore, 
Owen, 



Redding, 

Sime, 

Snyder, 

Smith, 

Taylor, 

Thomas, 

Tighlman, 

Van Dyke, 

Walker, 

Wells, 

Wilson, 

Wing, 

Yeiser— 8& 

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1 i 
. •••ij 



l/r li.'. '■ . • i»i Mil . ' .':' '1 (J .' 

' 'Br^sh; • ' ' • • • 'Itittredg^, ••- ^' 

CddweH,; ; M. . ... Kdghti ' 

■ Cariia^t, ' ^ '- ' Letcher",^ ^ 

Cardozo, • .'•-■'■>• Myrfe*^ •^•' -'--^^ 

Estep, • ' '. ' '- Robinson, 

* - fJaliy^ Speaker— 18. 

So the resolution passed. '^' *• *• ' ' "^ - ' 

Mr. Brush kitroduced a Joini R^solatioii asking the appointment of Jesse 
Broflk to bel^inietef ta Ghiil6. 

Read first and second time, and ordered to a third reading on to-mor- 
row, e-^' '• .''TaKl; r'-oT 

The following message was received from the Senate : 
Mr. Speaker — 

I to directed to inform ^ A^settbly thdt the S^^hkte passed yeetei^d^;'- 
a CimcAh^nfr Resolution anthoriairig tfee ' (rof ^rnof ' to rtcfelve'any and all 
moheys thtt mayibe' dh^'jfrom 'Q'envM.-4.' Valfej<> tb'ttie StAte { • •.- • '^'i- 

Anda JoMJ.a«sdltttio^in^rdatidn't()fthe'fearbor'^ i '" ^h 

^ > lA* C. BRADPOKB^ I ^ i 
Secretary *of Senate. 

Senate ConcurMit •'Be^olltMbn'^aithorizing the Governor to receive of 
U. 6. Yalfe^/ any dild All m'oaeys that may be due from him to the State. 

Bead tod'^fU^ to Committee on PubUc Buildings and Grounds. 

Senate Joint Resolutipn in relation to the Harbor of Santa Cruz. 

Read^fsl i6d dec^ba 'time ^' and reSdrred td Committee ot:FedevaI Rela- 
tioas. :•' ^: •- 0^;;-,^ . -^^ ,, ,.: ^. r... ^ • - .: . . i , s- 

Thef Ibllo^Kdg flot^stogd'^ad r^cei^ed flpon^tho Gbvmnior : I .* 

City of VaUejo, Jan. 2&, 1868. f 

To Hon. I. B. Wall, 

Speaker, ^c, 

Sir: — In compliance with a resolution of the Assembly adopted on 
Yesterday, requesting me to inform the AssemWv whether M. G. Val- 
hjo had granted to this State, the lands mentioned in his proposition^ ke. 



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I have the hxDS^i^Teig^ ih^t^fifAj %:f\ienc^ of Vi% ^a;yi^c4^^ 0Oi^ t^ 
be foand on file in this Department, is a communication from my prede- 
cessor to the A8a9]f^t4j',:^ .t^foM^d on page 1083 of A a^^ml^lj Jamais 
of 1851, advising that body, that on the 4th day of >Eebrmny, " M. G. 

Vallejo depo8itod,affiQe4 #)r acres of land, to be seleol^d by agents 

or commissioners of th^ State, in such portions as they i^^y deem proper 
for the interests oithe\ 3tate in the erection of Public, {fui)4^Pg8*'' The 
deed, however, .Qft|ip5)^, be found, but it is understood, b^ J)€(ea recorded in 
the Recorder's Offic^^ci^ this county. 

/.. Respectfully, 

JOH^ BIGLER. 



The following message was received from the Stat^^^f ef^^^er* , 

ValleJQ,4l»n,;274^53y 



, .SXAIPS ThEASUREB'S OFWH?fc r ) 



• (. J 
To the Hon. Isaac B. Wall, 



Speaker of the Assembly ^ 

Sir :— In answer to the resolution of your honorable body, passed on the 
2(Hb.il?tant, requesting roe " tp fnft^niq ^e^sembly whf^.i|iM¥:Dt bwliP?* 
p4id mtp tbe. Stated Tre^asiM-y, by the . Comiflj^^iouers pf tl^ejr^4ft<i ^^J^ 
the city of S^-FfS^ippO) and s^t. wbi^t tim.^ the s^i^e ijr^ p^f|>" I J^^Y^> 
inform you t^^^j^ the^^^Q Qf.>ake.tfaQ);f^fld^tdolJftr|B.b9ftl^ 
ment was made on the 26th day of January 1852, by i^axi W. Gearjr, 
President^ «£ jfctldi Q^IR} lof Conpissioners. 
cij .•' • ..." .-' 

Very Respectfully, 

Ypui: ob't Seryjiftfc, 

,;;,,.■.-',.% ; 6.t^.5Crw»iar«r 

SCbe fWl«wipga»©w«e wft^^Q,rj9Q0i^^^^ Hiif %J^Bft«^cy ftej Gqr- 

emor, relative to the Census of the State. (See Senate Appendix No«. 
14.) 

Three thousand copies of *heinej)ii>i*Qftb^ S^c^itaryiOf Static ifHacwdf^d 
to be printed. 

On^tnotion of Mr. Qw.«hi^ ^^^ ctf^kiQk ibft Houae adjourned vntil ten 
o'cloA to iM>ttiow.^ : 



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Jan. 27.] 103 



HOUSE OP ASSEMBLY. 

Fridat, January 28, 1858. 

Hotise met pnrsuant to adjournment. 

The roll was called, and the following members were absent : Messrs. 
Canney, Gardner, Garfield, Irwin, Lee, Leake, Martin, Meredith, Moore, 
ISghlman, Van Dyke, and Walker. 

The Journal of yesterday was read and approved. 

The Speaker (Mr. Wing m the chair) announced the House ready to 
proceed to business* 

On motion, leave of absence was granted to Mr. Lrwin for one day, and 
to Mr. Martin for five days. 

Mr. Carhart presented a petition from numerous citizens of Colusi county, 
praying a removal of the seat of justice of said county to the town of Colusi. ^ 

Bead, and referred to the delegate from Colusi county, with instructions. 
to prepare a bill. 

Mr. Heydenfeldt presented a clidm from steamboat S. B. Wheeler. 

Beferred to Coamiittee on Claims. 

Mr. Brush offered a Joint Eesolution requesting our Bepresentatives and 
instructing our Senators in Congress to use all proper means to obtain the 
repayment of the money pwd into the federal treasury by citizens of Califor- 
nia prior to her admission into the Union. 

Kead first and second time, and referred to Committee on Federal Bela- 
iions. 

Mr. Sime made the following report : 

The Committee on Public Buildings and Grounds, to whom was referred 
** Senate Concurrent Besolution No. 8, authorizing the Governor to receive 
of M. G. Vallejo any and all moneys that may be due from him to the State,'* 
have had the same under consideration, and beg leave to report it back, and 
recommend its passage, with the following ad(Jition to the first clause : " Pro- 
vided, that the entire amount of three hundred and seventy thousand dollars, 
due under said proposition, be tendered at the same time." 

All of which is respectfully submitted. 

JOHN SIME, 

Chairman. 

Senate Concurrent Besolution, ^^ authorizing the Governor to receive of 
M. G. Vallejo any and all moneys that may be due from him to the State," 
was th«D taken up, the amendment submitted by the Committee on Public 
Buildings and Grounds agreed to, and the resolution, as amended, adopted. 

Mr. Fairfax made the following report : ^ 

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104 [fEii>i.r, 

The Committee to whom was referred the Joint Resolution concerning the 
Historical Society of the State of California, have exammed the same, and 
respectfullj report it back to the House without amendment, and recommend 
its passage. 

The Joint Resolution concerning the Historical Society of the State of 
California, formed under the law concerning Corporations, was then adopted. 
Mr. McMeaas made the fbUowing report : 

The Committee on Ways and Means, to whom was referred a bill for An 
Act to amend ^^ an Act appropriating moneys to meet the Contingent Ex- 
penses of Government, approved May 4th, 1852,'* have had the same under 
consideration, and beg leave to report it back without amendment, and re- 
commend its passage. 

S. A. McMEANS, 

Ch^drman. 

Senate bill, an Act to amend an Act appropriatmg money to meet the 
Contingent Expenses of Government, approved May 4, 1852, was then read 
a third time and passed. 

Mr. Carhart introduced a bill for an Act for the location of the Seat of 
Justice of the county of Colusi. 

Read first and second time, considered as engrossed, read a third time, 
and passed. 

Mr. HofiF, Chairman of select committee to whom had been referred sun- 
dry petitions from citizens of Tuolumne county for that purpose, reported a 
bill for an Act to authorize the Funding of the Debt of the county of Tuo- 
lumne, and to provide for the payment of the same, which was read first and 
second time, considered as engrossed, read a third time, and passed. 

The following communication was received from the Senate : 

Mr. Speaker: 

1 am directed to inform the Assembly that the Senate non-concurred, 
yesterday, in Assembly amendment to Senate Concurrent Resolution on the 
subiect of apportioning the Senatorial and Assembly Districts of the State. 

And have appointed, as a committee of conference, on the disagreeing 
vote of the two Houses, Messrs. Lett, Sprague and Foster. 

And passed, yesterday, a Joint Resolution relative to the Public ^Print- 
ing; and 

An Act in relation to Water Companies. 

A. C. BRADFORD, 

Secretary Senate. 
January 28, 1853. 

The Speaker appointed Messrs. Redding, Garfield and Hoff committee of 
conference on the disagreeing vote of the two Houses upon the subject of 
apportionmg the Senatorial and Assembly Districts of the State. 

Senate Joint Resolution relative to the Public Printing, was read a first 

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and Beoood time, oonvidei^d ifipcpumttee of the whole, — ^Mr. -Mi^eanui in 
tiie chair, — ^read a third tune and passed. r * 

Senate bill, An Act in relation to Water Companies. . ! 

Bead first and second time, and referred to Judiciary ConHnittee. 

Mr. Gabamas introduced a bill for An Act to regulate t^e; practice of 
medicine and surgery m the State of California. 

Read first and secondJime,, and re&rrp4 to Gommitftee on St^^te HO0- 
ptals. 

Mr. HaUy introduced a biU.for An Act to amend an Act entitled, an. Act 
lor the protection of Grame. 

Bead first and second time, and referred to Committee on Agriculture. 

Mr. Smith presented a petition, with an accompanying bill foi^ An Act for 
iiie relief of Jacob D. Htppe. 

Bead first and second time and referred, with the petition, to Committee 
on Chums. 

Mr. McMeans offered the following resolution, which was ad9pted : 

Jtudvedf That the Sergeant-at-Arms be instructed to procufe four tables 
for the use of the Engrossing and Copying Clerks of the Assembly. 

The foUowmg message was received firom the Governor : 

I have tlus day approved An Act entitied an Act to attach Signer or 
More Island to Solano county. . * , 7 . 

JO^N ErGfiBR. 

Mr. Meredith made a m^rity report of ttie Comnuttee ot^ PubBc Build- 
ings and Grounds, to whom had been referred Senate bill for An Act to 
repeal an Act creating the office of Superintendent of Public Buildings. 

Mr. Sime made a minority report upon the same bill. 

On motion, the bill, toge&er with tiie reports, was recommitted, to the 
Jndiciary Committee. 

The Committee on Public Buildmgs and Grounds also reported back 
Hoise bill, An Act ^xing the Seat of Government permanently, witii a sub- 
stitute. 

Mr. Cannev moved to lay the bill and substitute upon the table. 

Upon which Mr. Conness demanded the ayes and nays. 



Those who voted to lay the bill upon the table 



were — 



Messrs. Bell, 


Messrs. Knight, 


Cabaniss, 


Leake, 


Canney, 


Letcher, 


Covarrubii|», 


MandevUle, 


Estep, 


McGarry, 


Ewing, 


Myres, 


Flower, 


OUver, 


Gardner, 


Owen, 


; Hally, 


Pacheco, 


Harrison, 


Beading, 


14 




' 


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• 



Heydenfeldt, BiMth; 

Hoff, WUki^, 

• Klftredge, Tdiser— 50. - ' . 

T^oee 1*i^o voted ibt'io iiy tpittt a^ 

Messrs. Ifilake, -' ^* Mtesi*. McOaMlesB, * ' 

BoBtwick, 1ff«:i^&,ritod, 

' , ' fcutih, ' McMeana, 

' ' ' CkldweB, *M(K)i^, 

. Carhart, JBledilmg, 

Cfonne*, Sime, « 

r Cardozo, Snyder, 

' ' ^fferishaw, Thomas, 

Fairfax, Tighlman, 

^ "' ' ' "Cfarfieia, TV§d6n, 

liee, Wu^— 28. 
Meredith, 

So ibe^bin was Ifdd upon the table. 

MfMBobi^fion.presented sundry Hospital reports ftom Saeiitn^t^, ^bteh 
were'feterria t^ uommittee on State Eiospitals. 

Mi. Owen moved to reconsider the rote which adopted the resolution 
recominen^ng Kdmond Randolph ^'Cothilnidsioiieir to China. 

Mr.' tJaiiney mdved to indeflnitelypoitpbnd the motion ta reconsider. 

Mr. Conness movfed a| call of the House.' 

The call was sustaiUbd. * 

The Clerk called' the rcfl, and the foll6wlilg members were abiientr— 
Messr^. Crenshaw, Garfield, L^ake, Van Dyke and Walker. 

On motion, the S^ergeant-it-Arms Was Afepatched for the abs0tltees. 

On motion,' Mesdt^. Cir^nshaW, Qarfield and L^dtb were dxlinitted wifhlA 
fhe bar and excused. 

On motion of )l^r. Conned, fiti^^ prodeeditigs tmd^ th« cfdl Irefre ' dis- 
pensed with. ■• 

Mr. Canney demanded the ayes and naya. 

Those who voted to indefinitely postpone wer^— * 



Messrs, Cabariias, 


Messrs. McFarland, 


Canney, 
Cardozo, 


McGarry, 
Moore, 


CoVarrubiaa, 


Pacheco, 


Estep, 
Ewing, 
Fairfax, 


Readmg, 
Bedding, 
Sime, 


Flower, 
Gardner, 


Snyder, 
Smith, 



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i^lm 



m 



Messrs. Oarfiel^; v 
Herbei , 

JonDBOIly 

Lee, 

Meredith, 



Messrs. Taylof;^^ 
Then 



!/ 




eiser — 31. 



I . . • < • . 

Those who Yoiedij^gi^fiBt mdefimte postpon^ent wer^ 



Messrs* BeQ, ., ; 
Blake, .. . 
BostwicJ^;^ 
Brash., j. 
Cald^.. . 
Carl^^.. . 
Coimes^, , 

Harrison, 
HoflF, 9 



Messrs. Eittred^^ 
KnighJ;, 
LetcH^, 
MaDdeyillio^ 
McM^ftps, 

]^bmson. 



• I'j-.f 



So the mQ^^ tf^^fepopo^i^M^W W^^wtefe posfipfipe^ 

The Joint Besomiion, asking the appointment of Jesse Brush as Ik^nister 

demanded the ayes and nays. 
Mr. CoDBess moved a caJl of the House. 



Gardner, Garfield, Owen, van Dyke and VYaUi; 
On motion, further proceedings under the call were dis] 

tochange 

from which decisiofi Mrl Brush appealed. 

Upon the final passage of the resolution, * 

lioee whoyi?ato!i)ft tfe^,^^^ 

Messrs. Bell, 



led with. 



jn motion, lurtner proceeoings unaer tne caU were oispensed witn. 
?en^ApS|B[|||iKyote|,1^f. Speaker decided that any member had theri^t 
Oiaage bis vote at any tmie before the^r^^,ifF^^fff;^f^4,^j ij^e^^ 



fi+io 



Canney, 
Carhart, 

Estep^^ , '/ 
Garcmec., 
Hafly,' . 



i^ 



MessEB. Hq£ 

Jcktmspn, 
Eittredge, 

McGarry, 
Myres, 



Beddii^g, 
Bobin8o% 



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1^ [PliiDiy, 


Messrs. Harrison, 


Messrs* Bmim, 


Herbert, 


Wilson, 


Heydeiifeldt^ . 


Win^a^. ^ 


Those who Toted in the negative 


were— 


Mesffs. Bostwick, 


Messrs. McFanand, 


ConneBS, 


McMeans, 


Cardozb, 


' Mowe,' ' ' 


Crenshaw,.. 


OKver, 


Ewiiig, "^" " 


Owen, 


Fairfax, 


Sime, 
Snyder, 


FloTfjBr, 


Leake, 

Letcher, 


Taylor, 
ThodiaK, 


Mandeville^ 


Tighlmsa, 


Meredith, 


WellB, 


McGandless, 


Tetoai— 24:; 



So the resolution was lost. 

On motion, leave of absenee w^ mnted to Messrs. Hoff, Cabaniss, 
Gardner Beading, Bedding, Kni^t, ana flie Oletit for two days. 
On motion^ Mr. GaldweU was grants indefini^ leave c^ ab^senc^i., , 

iThe following message wie received from th6 Oovemor, together wHli^^ 
oommunication referred to : 

I have the honor, herewith, to transmit a commmfieation, r6c^v^d lids 
day, tim 'Gren. M. G. YsIIejb, in vtMLffn lb* a \k>oA faereiofote execnted by 
him to the State of Califwuia. • - / 

■•<':■'■■ ■ ''•■■■■^ •'• •■'•■' . i ••■ .. •. ■ JOHN BIGLBR. • 

Mr. Fairfiu nM^^t half past ode d'eloclr, fo adjourn until M6iiday, 2 
o'clock,?. M. • ^ ^^- ' -- ' r 

On which motion, Mr. Blake demanded the aves and pays. ., 

Mr. Canney moved a call of ftfe Housed whtttt'was snstaSned. ' 
The Clerk called the roll, and ti^e following members wer^ absent:— 
Messrs. Ewinjg, MandeviBe and McFarland. ' " ' 

On motion, further proceeiiingB under the cittl were dispensed with. 

Those who voted in the affirmative were— 



1. BeU, 


Meaan. tfii€8iDiiDess/ 


Blake, 


McGany, 


Cwmey, ' 


Moon, 


Carhart, " • 


Myres, 


Cardoio, 


Redding, 



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Jait. 38.] 106' 

Meesn. CoTamibias, Messrs. Sime, 

GreDshaw, Smith, 

Estep, Taylor, 

Fairfex, ' . Eghlman, 

Herbert, ' " ^ Van Dyke, 

Lee, Wilson, 

Letdier, Teisep— 24. 

Those who yoted in the negative were— 

Afessn. Sostwick, Messrs. -Mei^diih, '< 

Biteh, ' '' 1 McMeaos, ^ 

CoMiesB, '• / Oliver, 

Flower. Owen^ 

• Garfi^M, ' '^ ' ' -^^ RoWnson, 

''*' HaHy, - Snyder, 

HairisdB, ' dPhomas, 

.Heydenfeldt, Walker, 

Johnson,'^ '' ' ' ' Wells, 

Kittredge, Wing— 21. 
Leake, 

So die House adjourned tmtil Monday, 2 o'clock, P.M. 



HOUSE OP ASSEMBLY, 



.1 



tto^fi^ **^t |*rtiiiiht to a^jotinlni^krt. 
Mr. Wing in the chair. 

There being ho' quoirmnprescint, • . ■ i* 

On motion of Mr. Heydenfeldt, the House adjourned tmtil 10 o^lock, 
to-montrwv' 



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W. [W^.wpo*yj, 



V" , 



' 'I HOUSE OF ASSEMBLY. '^'^"'" 

1., 

luESDATy February 1, 1858. 

House met pursuant to adjournment. 

Mr. Wingin.tbeobitf. ' ' '- ! , ! 

Oq motion nuMcle<<bjr Mr. Conness, the roll was called,. Miiithe following 
members were abs^$at/;U4>Messrs. Bell, Blake, BostwiQl^ogj^^, Cabaniss, 
Canney, Carhart, Qmrdpzo, Ck>vamibias, Crenshaw,. iP/fiiffpLX^ Flower, 
Gardner, Herbert, liii^,;|ohnson, Knight, Lee, Leake, ^i^^ff4^} McCand- 
less, McGarry, Mp(^,^ jklyres, Pacheco, Reading, Sime, Sp^fh, Thomas, 
Tighlman, Van l^yk^f ^Blkev^ Wilson, Yeiser and ]\)f(f,.^pi^fjker. 

There being no.qyprwn, 

On motion of Mr. Rogers, at 12 o'clock the House /^jpu^ed until 10 
to-morrow. ^ . 



r i 



HOUSE OF ASSEMBLY, 

. i. . i . -A lO M- ■' *i 

Wbdnesdat, Feb. 2d, 1863. 

£E(iUfl^ a»t .piMWAn^ itp MJjMrnment. 

The roll was called, and the following members were absent: 

Messrs. Cabaniss, Fairfax, GardB^..fj8ftrf(eW, t%ft^ 
Garry, Thomas, Tighlman, and Walker. i '; ; i ; 

The Journals of Friday, Monday, a^4, IJuei^^, wQf)9 re«^ii ^^., fip- 
jwove^^ ) 

' The Speaker announced the House ready to proceed to husin^lM. ... 

On motion, leave of absence was granted to Messrs. Cabaniss, Fairfax, 
Hofi; Lee, Tighlman, and Thomas, for one day, and to Mr. McOarry, for 
two days, and Mr. Walker, for one week. 

Mr. Johhson offered the following, which was adopted. : \ * 



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Ftt;^;] ' -111 

Resolved, Thatf^he '0&m|j(trolldr ef ^s Slftfe-te berd))^ ^veqaewiili to 
communicate to this Assembly at the earliest practicable period, informa- 
tion whether any CqmptroUei^s warrants have been issued in favor of 'ihe 
State Prison Contractors, or on account of such contract. If so, the 
amoilnt of 'the siHXie, and ttid time su&h wanatots were so issoed. 

Mr. Heydenfeldt introduced a btfl fdr Afi Aet^ Che mtiUial.nAeaA of 
tbe 8^te of CedMbnlfiit ftnd M; <». Tatlc^. . • . 

Read first and second time, and referred to Committee on Public BaiUU 
ings wtth iitetrfirctions to i?iport ihi« day; ^ « 

Mr. Oliver offered the following, which was IftM upon the uUe: 

Resolvidj 1[^bat the 'Se/ge4nt-at Arms be, and is hereby authorized to 
purchase all <hfe stationery necessary for tl^e use of the Assembly. 

Mr. Speaker laid before the House the report of the Attorney-General, 
in pefcnr^tice 'U^ Ibe \^>m,i(m &( the Capitilt. ^See Appepdix No. 12.) 

The yepdrt' was mad, ^hd\ on iBoti^n, made ^the special ordet for to^mor- 
TOW, at 11 o'clock. 

Mr. Me Means in«K>ilu<ied a hitl, An A<n to provide icfc enforcing the 
collection of taxes on consigned goods. 

Redd fitst and seiiot^ tkne^ afid reftrr^d toC^MmiUee'on Oommetce. 

He fiilso introdneed a bill, An A4t lo provide & change of v^nue in cer- 
tain cases. 

Read first and second ltm4; faliid r^fel^r^d lo Jtidiciary Couxmittee. *" 

Mr. Robinson hitfocfeced a bill, Ain Adi'for the relief of the city of Sac- 
ramento. : . /. i • f • 

Read fir^-and sefcoi^'llme and referi*ed to Oommittee onrOaims. 

Mr. Kitttedge i^trodiid^d a bill to^kmehd Ati Aeteoncerning Roads ami 
Highways. 

Read fitst tirhe ^nd ordeiped to a- second heading on to-morrow. 

The following message was received from the Oovemdr : " 

■' '••-•*■ , . . / . .' 

Iharefrt^ hdndr h^re^tfl l<y trattsftfiit copies of communioatidnfeifc- 
ceived from the Department of the Itlterioh 

JO&N BIOLBR. 

(See Appendix No. ISf.^ :' 

A domrtrtinteation froto MV G.' Valtejb; (See Senate Appefidix No. 15,) 
proposing a general release from'«h^''St^teio him arid ftoitt hirh to^lhe 
Stale, was read, and the following resolution, offered by Mr. Heydenfeldt, 
was adopted, . - i-: i>t ■' : In-.. 

Resolved, That the <?wttititMilcfeifi«i of M-./Q. Vallejo to his Exciellency 
the Governor, dated January 27, 18^3, requesting release from his bond, 
approved imder An Act entitled An Act for the permanent loomtion of the 
Seat of Government, be returned to the Executive oflSice, with a request 
<hal1t be filed aM<»% AM l^dhf^nsbntf^e Stbte. 



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112 [WB0NiBl^5; 

The foUowmg niessftge was se^dved ifmm the Senate : 
Mr. Speaker: 

I am directed to inform the Assembly that the Qoveraor approved, o|^ 
the 28th January — 

An Act relating to San Di^o Pilots ; 

An Act to authorize certain oj&oer$ a&d otiafein p^rsood to adp^tnister 
oaths; . t .'.•.•..'.■" i ' 

An Act in relation to the supf:dies:of Fuel,: aud other copting^nt enr 
penses of the Legislatilue* .. 

. . A. a BBADFORD, 

, Secretary Senate. 

February 2, 1853. 

Mn Carpentier pcesented a proposition to palter and amend the CoastL* 
tution of the State; whiqh was read, and on his motion laid upon the 
table. ' . r 

Mr. Carpentier mov^d tohav^ one hundred and My copies printec). 

Not agreed to. 

Mr« Owen presented a memorial from the citizen^ of Yallejo^ in refer- 
ence to the removal of the Capital, aad asking ,remunerati(^n. for ^l^eir 



The memorial was ready and laid upon th^e tat>la 

On niotion of Mr. Redding, the biU establishing the permanent Seat of 
Government at Benicia, and the opinion of the Attorney General, together 
with the.communication from M* Q, Yallejo, and the m^uiorial of citi- 
zens of Yallejo, was taken from the table, and made the special order for 
1 1 o'clock to morrow. 

Mr. Meredith gave notice that he would, on to oxorrow, or at an early 
day, introduce a bill for the adoption of the ten hour system of labor on 
the public works of the State.* 

Mr. Blake gave notice that on some future day he would introduce a 
bill for the abolishment of certain officers^ known as Commis^ners of 
the Funded Debt of San Francisco. 

Mr. Sime made the following report : 

The Committee on Public Buildings, to whom was referred An Act for 
the mutual release of the State of California and M. G. Yallejo. have had 
^ae same under consideratioi;i, and beg leave to report it back without 
aosiendment,. and recommend its passage. 

The bill was made the special order for to morrow, at 11 o'clock, , , 

The foUowang m0$9age was received .from the Senate : 
* ■ 
Mr. Speaker: 

I am directed to inform the Assembly thfU tbfs Senate * passed, on the 



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SSTth inst., An Act to fix tte eompensatioQ of all Coimty 3fad^^es, where 
not otherwise provided for, and the Associate Justices of the Courts of 
Session, and taTepeal so much of « like Act, passed April 22, 1850, as 
relates to the county of Monterey : u v 

And a Concurrent Resolution appointing Tnlstees to tlie Stockton Hbs- 



And pesMl, Ist Febfoai^, An Aet to prev^kit tiidnopolies that tei^d to 
produce famine. 

A. C, BRADFOKP, 

Secretary Senate. 
February 2, 1863, 

Senate bill for An Act to fik the comt)ens4ti6h of all County judges 
vhere not otherwise provided for, and the Associate Justices of th,^ Opuirts 
irf* Sessions, and to repeal so mtic^ of alnce Act passed April 22d| ib^l^ 
as relates to the County of Monterey, read first time, and ordered to a 
second reading on to-morrow. .,, .; ^. , .;^ 

Senate bill for Aii Act to pi^vent monopolies that tend to produce 
famine, read first atid secdnd time. ^ 

VLt. Johnscm nkred lb have 300 copies pifinted. 

And Mr. Canney de^tianded the ayes and nays. 

Those who voted to print were— r 

Messrs. Bostwid, Messrs. MandcFviDe; 

Garh^rt, Mpr^dKh, 

Chirpentier, , ^ McMeans, 

Crenshaw, Oliver, 

Ewing, * Ow&n, 

Garfield, Readmg^ 

Hally, . Robinson,' 

Harrisonj Tajwr/ 

Irwin, V«nD;fte, 

Jobnsony Wells, 

Kittredge; Wme^ 

Knight, SpeiSicir — 25. 



Those who voted agiiunst printing were — 

0^ 

Messrs. Bell, Messn|f. HeydenfeMt, 

Blake, Letchei"; . 

Brash, McCandles^;' 

Ganney, McFarlahd, 

Oonness, Myres, 

Gardoza, ' Pacheco, 

Goyarrnbias, X&eddmg, 

Estep, Rogers, 



10 



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lU 



Messrs. Flower, 
Gardner, 
Herbert, 



Messnf. Sime, 
Snyder, 
Wilson~22. 



So the House decided to print 300 copies. 

Mr. Canney moved to refer the bill to oonunittee of the whole House, 
and demanded a call of the House. 
Call not sustained. 

Mr. Heydenfeldt demanded the previous question. 
The Speaker put the question, " Shall the main question be now put V^ 
The House decided in the affirmative. 

The main question was a reference to committee of the whole. 
Upon which Mr. Blake demanded the ayes and nays. 

Those who voted to refer the bill to committee of tlie whole House 
were— 



Messrs. Blake, 


Messrs. 


Johnson, 


Brush, 




Letcher, 


Canney, 




MoCandkes, 


Carhart, 




Myres, 


Conness, 




Bedding, 


Cardozo, 




Sime, 


Covarrubias^ 




Snyder, 


Estep, 




Smith, 


Flower, 




Taylor, 


Heydenfeldt, 




Speaker— 20. 


Those who voted nay were — 






Messrs. Bell, 


Messrs 


. Meredith, 


Bostwick, 




McFarland, 


Garpeniier, 


• 


McMeaos, 


Crenshaw, 




Moore, 


Ewing, 




Oliver, 


Gardner, 




Owen, 


V Garfield, 




Pacheco, 


HaUy, 




Reading, 


Harrison, 




Robinson, 


Herbert, 




Rogers, 


Irwin, 




Van Dyke, 


Kittredge, ' 




Wells, 


Knight, 
Leake, 




Wilson, 
Wing, 


^ Mandeviller, 




Teisor— 80. 



So the House refused to refer to committee of the whole, 
Mr. Oliver moved to refer the bill to Judiciary Committee. 



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Feb. 2.3 115 

Mr. Brush moved to amend by referring to Committee on Commerce. 

Not agreed to. f 

The motion was then put to refer to Judiciary Committee, and decided 
in the affirmative. 

Senate Concurrent Resolution appointing Trustees to Stockton Hospi- 
tal, read first time, 

And on motion of Mr. Teiser, was laid upon the table. 

Mr. Gardozo introduced a bill for An Act to abolish special terms of the 
Supreme, District and County Courts of this State. 

Read first time, and ordered to a second reading on tomorrow. 

Mr. WeHs moved to take from the table a bill to amend the Act to dis- 
pose of the 500,000 acres of Istod. 

No quorum vot«i. 

A motion was made to adjourn. 

Not agreed to. 

Mr. Crenshaw renewed the motion to take from the table a bill to 
amend the Act to sell 600,000 acres of land. 

No quorum voted. 

Mr. GaidogEO introduced a bill 'for An Act to amend the twelfth, four- 
teenth, and sixteenth sections of an aet entided an Act concerning County 
Recorders, passed March 26th, 1861. 

Read first and second time, and 240 copies ordered printed. 

Mr. Blake oSeied the following preamble and resolutions : 

Whereas^ We have noticed proceedings which have gone forth to the 
world, that Federal, State, and Municipal Officers of California, have 
given a banquet to Louis Napoleon III, in honor of his accession to the 
throne of France ; therefor^ ^ 

Resolved, That we have noticed with regret persons holding high 
official station in the gift of a free and independent people, exulting over 
the down£Bill of republicanism and the triumph of monarchy. 

Resolved, That we, the representatives of the people of California 
assembled, do disclaim any sympathy whatever with Louis Napoleon III, 
and can only view him as an enemy to France and^ republican institu- 
tions. 

Mr. Reading moved to lay the resolutions on the table. 

Not agreed to. 

Mr. McMeans moved to refer the resolutions to Committee on Federal 
Relations. 

Not agreed to. 

Mr. Blake then withdrew the preamble and the first resolution. 

Mr. Canney moved to amend by inserting the preamble and the first 
resolution. , 

Not agreed to. ^ 

The vote was then taken upon the remaining resolution, and was de- 
cided in the negative. 

On motion qf Mr. Wilson, at 2 o^clock, P. M., the House adjourned 
until 10 o'clock to-morrow. 



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HOUSE OP ASSEMBLY. 

Ihwpat, February S, 1868* 

House n^^t p^nfoaiit to adioiinmi^t. 

3|ke roU w aft ca%d, and tb^ following mjambeis wore absent ;«r*IIea6i9* 
Oaroner, Irwm, and Tighlman. " ^ 

The Jgomal of jestei^j was read^ and approved. 

^e Speaker announced the House ready to proceed to bnabeaa. 

On motion, leave of absence was granted to Messrs. Cabaniss and Hoff 
for one day* 

Mr. Thomas made the foDowiQg report : 

Xhe Committee on EBgrsflsment report. that they have examined and 
fo^ndrioorreetij engroaBed, An Act amendatory of an Act to authorise Wil* 
liam Moody and Morgan Hart to build a wharf in the county of Solano. 

Also, a Joiint Seiwliitioci coneeroing Ihe HiBtorical SoeielP^ of the Stale of ^ 
California, formed under die law oonoeming Corponations. 

Mr. Boetwiok made the following report : 

The Jomt Committee on Enrolled Bills report that they have examined 
and find correctly ehrolled, a Joint Resolution relating to the Public Print- 
ing. • ' • ' • • 

BOSTWICK, 

Chidrman. 
ROACH, 

Chairman Senate. 

Mr^ Crenshaw made the following report: 

The Committee on Claims, to whom was referred 'the petition of Andrew 
J. Price, askinjg: an appropriation pf $883 for taking tiie census of Mann 
eounirp, ifouYd rSspcietfnlly repre^nt, lliat they have taken the same under 
consideration, and are of opimon, that if he is entitled to' any relief, it should 
be granted by^the Board of Superviso^re or Court of Sessions of Marin 
conntv, 9^ not b^ the Legisla^re. !uiey therefore respectfully submit 
that' the pri^yer of the petitioner should not be granted. 

CiUBNSHAW, 

Chwo^ 

The report of Committee was adopted. 

Mr. Johnson offered the following : 

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moTal of tiie State Capital from the city of Vallejo, and the permanent Icw^ 
iioiiof jQi«^ Se^tof GbTeiQnixicmielaewhev^: Alidiffadieas^tfae written opiiioki 
of the present Attorney-General of this State in reference thereto^ does aoi 
comci^.witk the opiMm of ^tbis.Legiatabire ; Therefore, for iiie p]upose of 
ffwing expression of ^the views we entertain in reference thereto, 

JBe it resolved, That it requires a two-tlihrds vote of all the member? elect- 
ed to each house of the LegialatoTd of this State, to provide for the removal 
and permanent loeation of 4he Seat of Qovemment. 

Mr. Conness moved to lay the resolation on the tahle^ and demanded the 
ayes and nays. 

Those who voted'toilajf <m the table, were-^ 



Messrs. Bostwick^ 


Messrs. Bedding, 


/ OonnesS), 


Snydery 


Gardner,, 


Taylor, 


Heydenfeldt^ 


Thomas, 


Lee, 


WeHs, 


McFarland, 


Wilson, 


MoQ«rry, 


Wing, 


/ Owen, 


SpeakeiH^16.^ 


liose who voted agwnst bying 


on the table were 


Messrs. BeD, 


Messrs. Enight^ 


Blake, 


Leakey 


Canney, 


Letcher, 


Carhart,. 


Mandeville, . 


Carpentier^ 
Cardoso, 


Meredith, 
McCandlesS) 


Estep, 


McMeans, 


Ewing, 


Myres, 


Garfield, 


Oliver, 


HaDy, 


Pacheco, 


Harnson, 


Robinson, 


Herbert, 


Rogers, 


Johnson, 


, S«d^ 


EittredgQ, 


Van Dyke— 28. 



So^iSie Souse refoaed to lay upoa the-table4 

Mr. Heydenfeldt denianded a eall of tbe House* ' . 

The caD was sustained, . ^ 

The roll was called, and the following members were absent : Messrs. 
£r«in. and Moore. 

On^notion of Mr. MoCaodleBS^ the Sergeaat-a^Arms was dispaldied 
after absent membefa^ 

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118 



[Thubsdat, 



On xDOtkm, Mr. Moore was adimtted within the bar of the House, and 
ezouaed. 

On nx>tioQ of Mr. Canney, ftirtfaer proceedings tmder tlie caD was dia* 
penaed with. 

On the panage of die resolution, Mr. Blake demanded the ayes and najs. 

Those who voted for the resolution, 



Messrs. Blake, 


Messrs. 


Letcher, 


Cabaniss, 




MandeviUe, 


Cannej, 




Meredith, 


Gupentier, 




McMeans, 


Covarrubias, 




Myres, 


Estep, 




Oliver, 


Harrison, 




Paeheco, ^ 


Herbert, 




Beading, * 


Johnson, 




Robinson, 


Eittredge, 




Rogers, 


Knight, 




Smitii— 22. 


Hiose who voted agamst 


the resolution were 




Messrs. Bell, 


Messrs 


. McCandless, 


Bostwick, 




McFarland, 


Brush, 




McGarry, 


Carhart 




Moore, 


Conness, 




Owen, 


Oardozo, 




Redding, 


Crenshaw, 




Sime, 


Ewing, 




Snyder, 


^ Flower, 




Taylor, 


Gardner, 




Thomas, ' 


Garfield, 




Van Dyke, 


HaUy, 




Wells, 


Heydenfeldt, 




Wilson, 


Irwin, 




Wing, 


Lee, 




Teiser, 


Leake, 




Speakei^ S2. 



So the resolution did not p^s. 

Mr. Brush presented a petition from citizens of the county of Tuolumne 
upon the subject of the appointment of an additional Justice of the Peace 
for Columbia. 

Bead, and referred to Tudomne delegation. 

Mr. McMeans offered the following, wMch Was adopted: ' 

JResolved^ That the State Treasurer be, and he is hereby requested to 
inf^irm this House, whether there are any moneys in the Stale Treasury 
provided to meet tiie Contingent Expenses of the AssemUy. 

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Feb. 3.] 



119 



Mr. Blake introdnced a GaDoarrent BeBolution condemning the action of 
F^eral and Municipal Officers in the banquet given to Mr. Dillon. 

Mr. Gannej demanded a call of the BiouBe. 

The call was sustained. 

The roll was called, and the following members were absent :-«Me88rB. 
Cftrhart, Beading and Yeiser. 

The Sergeant-at-Arms was dispaiohed after absentees. 

On motion, Messrs. Carhart, McFarland and Yeiser were admitted with- 
in the bar of the House and exonsed. 

On motion of Mr. Taylor, further proceedings under the call were dis- 
pensed with. 

The resolution then came up on its final passage, and Mr. Bobinson de- 
manded the ayes and nays. 

Those who voted for the passage of the resolution 



Messrs. Bell, 


Messrs. Mandeville, 


Bhike, 


Meredith, 


Bostwick, 


McGandless, 


Brush, 


McFarland, 


Canney, 


Myres, 


Carpentier, 


Oliver, 


Conness, 


Owen, 


Crenshaw, 


Rogers, 


Ewing, 


•Snyder, 


Garfield, 


Smith, 


Herbert, 


Thomas, 


Hoir, 


Van Dyke, 


Irwin,. 


Wells, 


Johnscm, 


Wilson, 


Kittwdge, 


Wing, 


Lee, 


Yeiser, * 


Leidca, 


Speaker— 86 


Letcher, 




hose who voted against 


the resolution were — 


Messrs. Gabadss, 


Messrs. Knight, 
McGarry, 


Carhart, 


GardoBO, 


McMeans, 


Govarrubias, 


Moore, 


Estep, 


Pacheco, 


Flower, 


Beading, 


Gardner, 


Bedding, 


HaHy, 


• Bobinson, 


Harrison, 


Sime, 


Heydenfeldty 


' Taylor— 20. 



So tlie re8(4ation passed. 



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120 



[TaUfiSD^AY, 



Mr. MoMeaoB moved to ind^fimtaly portpone the ppeinUk to'tfte reiola- 
tion. 

Mr. Conness moved to lay the motion to indefimtely (pogtpoDe apon the 
table. 

Agreed to. 

The question was then taken upon the adoptm of the prettabU) and Mr. 
Hejdenfeldt demanded the ayes and nays.! 

. Those who voted for the preamble w^re*— 



Messrs. BeU, 


Messrs. MandeviUe, 


BhJce, ^ 


Meiedith, 


Bostwick, 


Myres, 


Brush, 


Oliver, 


Ganney, 


Owen, 


Garpentier, 


Rogers, 


Gonness, 


Snyder, 


Crenshaw, 


Smitii, 


Ewbg, 


Thoibas, 


Garfield, 


Van Dyke, 


Herbert, 


Wells, 


Hoff, 


Witaon, 


Irwin, 


Wing, . 


Kittredge, 


• Ydm, 


Lee, 


Speaker-^1. 


Leake, 






/ 


Messrs. Cabaniss, 


Messrs* litMlBJU^ 


Garhart, 


McFarbmd, 


,Olffdoio, 


MeGarry, 


Estep, 


McMeans, 


Flower, 


Moore, 


Gardner, 


Pacheco, 


Hally, 


Reading, 


Harrison, 


Redding, 


Heydenfeldt, 


Robin0oii^ 


. Johnson, 


Sime, 


Knight, 


Taylor- 22. 



So the preamble was adopted. 

The following message was received from the Senate : 

Mr. Speaker: » 

I am directed to respectfully request that the Assembly return to the 
Senate, a bill entitied An Act to prevent Monopolies that tend to piodiioe 

Famine. 

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Feb. 3.] 



121 



I am abo directecL to inform fhe Assembly, fhat ike Senate concurred 
yesterday, in Assembly amendment to Concurrent Reaolatkm authorizmg 
tiie OoTemor to reoeire any and all moneys that may be due firom M. G. 
YaDejo to the State. 

And passed a bill entitled An Act for ttie permanent location. of the Seat 
of Government. 



February 3, 1868. 



A. C. BRADFORD, 

Secretary of the Senate. 



A motion was made to return to the Senate the bill requested by that 
body. 

Not agreed to. 

Mr. Taylor moved to reconsider the vote just taken. 

The vote was reconridered, and the Clerk ordered to return tbe bill to the 
Senate. 

Senate bill for An Act to provide for the permanent location of the Seat 
of Government. 

Read first and second time, and referred to committee of the whole 
House. 

Mr. Taylor moved to reconsider ttie vote which ordered Oa^e hundred 
copies of Senate bill in reference to Monopolies in Provisions to be printed. 

The vote was reconsidered, and the House refused to pniit the bill. 

On motion of Mr. Crenshaw, the House resolved itself into committee of 
the whole, Mr. Wing in ttie chair, to consider Senate bill and other Wis 
upon the subject of the removal of ihe Caj^tal. After spending some titne 
in the consideration of the subject, the conunittee adopted the Senate bill, 
and, 

On motion of Mr. Crenshaw, the committee rose, reported the bill with- 
<m% amendment, and recommended its passage, and asked to be dischax^ed 
from further consideration of the subjeotv 

^Die committee was discharged. 

Mr. Taylor moved to suspei^ the rules and read the bill a Hitd time. 

Upon which Mi. Johnson deAia&ded the ayes and najrs. 

Those ^ho ^oted to sui^nd ttie rules wer«^-- 



Messrs. BeU, 


Messrs. McGany, 


Blake, 


McMeans, 


Bostwick, 


Moore, 


Brush, 


Oliver, 


Cabaniss, 


Owen, 


Carhart, 


Reddmg, 


Confess, 


Sime, 


Cardoso, 


Snyder, 


Crenshaw, 


Taylor, 


Ewing, 


Thomas, 


Flower, 


Van Dyke, 


Garfield, 


Wells, 



16 



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122 [Thumdat, 



Messrs. Hallj, Messrs. Wilson, 

Hrfdenfeld^ - Wing, 



Zvfnn, 

McCandlcss, SpeUcei^-SS. 

McFarland, 

Those opposed to sospension were — 

Messm. Cannej, Messrs. Leake, 

C^arpeotier, Letcher,' 

Covamibias, MaDdoTiDe, 

Estep, Meredith, 

. HarnsoQ, Myres, 

Herbert, Pacheco, ' 

Johnson, Reading, 

Kittredge, ' u . Bobibson^ 

Eni^, BogeoB, ' 

Lee, Smith— 20. 

So the House refosed to suspend by a two-thirds vote. 

Mr. Garpentier 'moved to take from the table a bill to amend the Act to 
■ea6&0,a06 acres of land. r 

f Not agreed *o* ' 

Mr. Brush moved to adjourn. 

Not agreed to. • 

Mr. Leak» moved to reconsider the vote whiidi refused to suspend ibe 
rwles to read Senate biU^ to fix the Se^t of Qtivefosient, a thiid time/ 
i TIm vote was reconsidered;, 

Mr. Hejdenfeldt moved a call of the House. 

The calliWaJI sustained. 

Xhe roll was callfid, and the fallowing membcKS wer& absent ^ — Messn. 
McCandless, McFarland, Pacheco and Bogets. 

On motion, the Sergeant-at-Arms was dispatched for abseiitmembears* 

On motion of Mr. Estjep, Mr. Fa^Aoco wits excused. 

On motion, Messrs. McFarland, Xtdgdrs and >MoGaadJeis wer^ admitted 
within the bar of the House and excused. 

Mr. Wing moved to dispense wkb further procee<&igs under tiie call; * 

Agreed to. 

Upon the motion to suspend the rule to read Senate biU^ fixing the Seat 
of Government, a third .time, Mr. Johnson demanded the ayes and nays. 

Those who voted to suspend were— 

* 

Messrs. Bell^ Messrs. Lea^: . 
Bostwiok) McfWland, 

Brush, McGarify, 

Gabaxnss, Moore, 

Garhart, Oliver, 



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B.3.] ' ik 




Masflis. CarpentieT^ 


Messrs. Owen, 


Goimees, 


Bedding, 


Cardoao, 


Snyder, 


GreDfihaw, 


Taylor, 
Thomas, 


Ewing, 


Flower, 


•Tan Dyke, 


Gardner. 


Wells, 


fltoield, 


Wilson, 


Herbert, 


Wing, 


Hejdenfeldt, 


, Yeiser, 


Intrm, 


Speaker^^2. 


lioee opposed to saapenaion were-7- 




Mmr8. Blake, 


MesiM. L^toher, 


Oanneyi 


Mandeirille, 


Goyarmbias, 


Meredith, 


Bstep, 


McGandlesB, 


Hafly, 


McMeans, 


Harrison, 


Myres, 


Hoff, 


Beading, 


Johnson, 


Bobinson, 


Kittredge, 


Bogers, 


Knight, 


Sime, 


Xioe, 


Smith— 22. 



So ihe House refused, by a two-'Qiir^ vote, to sospend* the rrilo. 

On motion olfMr. Bo^Ninson, at fi o'clock, P. M., the House adjourned 
uatil 10 o'clock, to-morrow. 



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124 Ubidat, 



HOUSE OF ASSEMBLY. 

Pbidat, Fftbnwty 4, 1863. 

House met pursuant to adjournment 

The roll wa»«aUedy and the following members were absent : Messrs* 
Bell, Bostwick, Carhart, Carpentier; Covarrubias, Gardner, Herbert, Mere- 
dith, McMeans and Tighlman. ./ ' , i» - > ;.' 

The Journal of yesterday was read and approved. 

The Speaker wiioiiiMe^ tb^ House ready to proceed tOiJbnaisiMMi^tl ' 

On motion, leave of .absence was granted to Mr. jCovarnibias for one 
day. 

Mr. Connesa moved to strike from the Journal of yesterday a resolution 
offered by Mr. Flower. 

Agreed to. 

Mr. Bostwick made the following report : 

Mr. Speaker: . . t , 

The Joint Committee on Enrolled Bills report that, they have examined 
and find correctly enrolled a concurrent resolution authorizing the Go- 
vernor to receive from M. G. y^Uejo^ ai^y and all moneys that may be 
due from hini to the State; ''' 

. Also, An Act to amend an Apt appropriating moneys to meet the Con- 
tifageht Expenses of Government, approved* May 4th, 1862. 

BOSTWICK, ^ '^ 

Ch. House Committee. 
ROACH, 

Ch. Senate Committee. 

A communication was received from the Comptroller of State, in refer- 
ence to a resolution of inquiry concerning the State Prison Contractors* 

Communication was read. (See Appendix No. 14) 

Senate bill to fix the permanent Seat of Government, on its third read- 
ing, was taken up for consideration. 

Mr. Heydenfeldt moved a call of the House. ^ 

The call was sustained. 

The roll was called, and the following member was absent: — Mr. 
Gaidneit 

On motion, the Sergeant-at-Arms was dispatched for Mr. Gardner. 

On motion, Mr. Gardner was admitted within the bar of the House, 
and excused. 

On motion of Mr.Heydenfeldt, further p^roceedings under the call were 
dispensed with. 

Mr. Johnson offered a substitute to Senate bill, An Act to take the 



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Feb. 4.J 125 

seDse of the people of the State of California upon the subject of the per* 
manent location of the Seat of (3ovemment 

Upon which substitute Mr. Myres demanded the ayes and nays. 

Those who vofed for the substitute were — 



Messrs. Blake, 


Messrs. Letcher, 


Cauaey, 


Mandeville, - 


Estep, 


Meredith, 


HaUy, 


McGandless, 


Hamsotiy 


' McMeans, 


Herbert, 


Myres, 


Hoff, 


Reading, 


Johnson, 


Bobinson, 


Kittredge, 


Rogers, 


Kmgbt, 


Smith— 21. 


Leake^ 




niose who voted against the substitute were— 


Messrs. Bell, 


Messrs. McGarry, 


Sostwiok, 


Moore, 


Brash, 


Oliver, 


Gabamss, 


Owen, 


Carhart, 


Pacheoo, 


ConnedS, 


Reddii^, 


Cardozo, 


Sime, 


CrenAaw , ♦ 


Snyder, 


fhffing, 


Taylor, 


Flower, 


Thomas,* 


Gardner, 


Van Dyke, 


Garfield, 


Wells, 


Hejdenfeldt, 


Wilson, 


Irwin, 


Wing, 


Lee, 


Teiser, 


McFarland, 


Speaker— 32. 



So' the House refused to adopt the substitute. 

• . ■ » 

Mr. Johnson moved to strike out all after the first section in the bill. 
Mr.* Taylor demanded the previous question. 

The Speaker stated the question, *' Shall the main question boQOw 
put?'* 
Which was decided in the affirmative. . ^ 

The vote was then taken upon Mr. Johnson's motion to strike out ; 
And Mr. Oanney demanded the ayes and nays. 

Those who voted to strike out were — 



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126 



[Fbidat, 



MessiB. Blake, 

Cabaniss, 


Messrs. Knight, 
Leake, 


Canney, 


lietoher. 


Estep, 


Mandeville, 


Flower, 


Mevedi«fa, 


HaQy, 


McMeans, 


HarrisQii, 


Myres, 


Herbert, 


Beadi^gi 


Hoff, 


Robinson, 


Jobofiop, 


Rogers, 


Kittredge, 


Smith— 22. 


rhose who voted against striking 


out were — 


Messrs. Bell, 


Messrs. Moore, 


' Bostwick, 


Oliver, 


Brush, 


Owen, 


Carhart, 


Pacheoo, 


Gonness, 


Redding, 


Cardozo, 


Sime, 


Crenshaw, 


Snyder, 


Ewing, 


Taylor, 


' Gardner, '. 


Thomas, 


Garfield, 


Vai^ Dyke, 


Heydenfeldt, 


Well?,, 


Irwin^ . 


Wilson, 


jjee. 


Wing,. 


McCandless, 


Teiser, 


McFai^land, 


Speaker-*!. 


Mc€rarry, 





So- the House refused to strike oat. , 

Mr. Thomas demanded the previous question. , „ .^ 

The Speaker stated the question, ''Shall the main question be now 
put?" 

The House decided in the affirmative. 

The bill was then read a third time. 

Mr. Johnson then moved to refer the bill to Oonimittee on Public 
Buildings and Grounds, with special insti^cffops.. , , , 

The Speaker decided the motion to be out of order, f]rom.w];iich. de- 
cision Mr. Johnson appealed^ . : i' 

l^he Speaker put the question, Shall the decision of the Chair be the 
judgment of the House ? 

The Hl)use sustained the Chair. . i. . 

The bill then came up upon its final pas^ige, and Mr. Wing demaxuled 
the ayes and nays. 

Those who voted for the passage of the bill were-^ 



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Feb. 4.1 



127 



Messrs. Bell, 
Blake, 
Bostwick, 
Brush, 
Carhort, 
Gonness, 
Cardoso, 
Crenshaw, 
Ewmg, 
Flower, 
Gardner, 
Garfield, 
Hejdenfeldt, 
Irwin, 
Lee, 
McFarland, 



Messrs. McGarrj, 
Moore, 
Oliver, 
Owen, 
B.edding, 
Sime, 
Snyder, 
Taylor, 
Thomas, 
Van Dyke, 
Wells, 
Wilson, 
Wmg, 
Yeiser, 
Speaker- 



Si. 



Those who vpted Against the bill were — 



Messrs, Caba&iss, 
Oanney, 
Covarrubias, 
Estep, 
HaUy, 
Harrison, 
Herbert, 
Hoff, 
Johnson, 
Eittredge, 
Knight, 
Leake, 

So the bill passed. 



Messrs. Letcher, 

MandevUle, 

Meredith, 

McCandless, 

McMeans, 

Myres, 

Pacheco, 

Reading, 

Robinson, 

Rogers^ 

Smith— 23. 



Mr. Johnson offered a substitute for the title of the bill. 

The Speaker decided the substitute out of order, from which decision 
Mr. Johnson appealed. 

The Speaker put the questiou, Shall the decision of the Chair be the 
judgment of the House? and Mr. Robinson demanded the ayes and 
nays. > 



Those who sustained the Chair were — 



Messrs. Bell, 

Bos^riok, < 

Brush, 

Conness, 

Cardozo, 

Covarmbias, 

Crenshaw, 



Mefssrs. McFarland, 
McGarry, 
Moore, 
Oliver, 
Owen, 
Reddiog, 
Rogers, 



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128 



[PwDAir, 



Messrs. Ewing, 


Messrs. Sixne, 


Flower, 


Snyder, 


Gardner, 


Taylor, , 


Garfield, 


Thomas, 


Hally, 


Van Dyke, 


Heydenfeldt, 


Wells, 


Irwin, 


Wing, 


Kittredge, 


Teiser— 81. 


Leake, 




""hose who opposed the decision of the Chair ware- 


Messrs. Blake, 


Messrs. Mandeville,. 


Gabaniss, 


Meredith, 


Oanney, 


MeCaiKiless, 


Estep, 


McMeans, 


Harrison, 


Myres, 


Herbert, 


Pacheco,' 


Hoff, 


Beading, 


Johnson, 


Bobmson, 


Knight, 


Smith— 19. 


Letcher, 





So the decision of the Chair was sustained. 
The question was then put, shall the title of the bill stand ? 
* Upon which Mr. Myres demanded the ayes and nays. 

Those who were in favor of the title, of the bill were — 



Messrs. BeU, 


Messrs. McGarry^ 


Bostwick, 


Moore, 


Brush, 


OUver, 


Conncss, 


Owen, 


Cardozo, ^ 


Bedding, 


Covarrubiafl, 


Sime, 


Crenshaw, 


Snyder, 


Ewing, 


Taylor, 


Flower, 


Thomas^ 


Gardner, 


Van Dyke, 


Garfield, 


Wells, 


Heydenfeldt, 


Wilson, 


Irwuiy 


Wing, 


JjOO, 


Yeiser, 


McFarhmd, 


Speaker--SO. 


""hose who opposed the title were — 




Messrs. Blake, 


Messrs. Letcher, 


Cabaniss, 


Mandeville, 


Oanney, 


Meredith,. 



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fkB. 4] 129 

Messrs. Estep, 
HaUy, 
I Harrison, Mjres, 



Msssrs. Estep, Messrs^ MoOancQess, 

Hallj, McMeans, 



Herbert, Pacheco, 

Hoff, Reading, 

Johnson, Robinson, 

Kittaredge, * Rogers, 

Knight, Smith— 22- 

So the House decided to let the title to the bill stand. 

On motion of Mr. Wing, the Clerk was instructed to inform the Senate 
forthwith of the passage of the bill. 

On motion, leave of absence was granted to 'Messrs. Tilghnaan a|id 
Carpentier for one day, and to Fairfax for ten days. 

Mr. Myres oflFered the following : which was read and laid upon the 
table. 

Resolvedy the Senate concurring, tliat the Legislature do now adjourn, 
sinedie» y 

Mr. Canney offered a concurrent resolution to adjourn, to meet at Beni- 
cia on the 11th inst. 
Mr. Myres offered the following as a substitute : 

Resolvedj the Senate concurring, that when we adjourn, we adjourn to 
meet at the landing, opposite Martmez, on thp day of the present 

month. 

Mr. Crenshaw moved to lay the resolution offered by iMr. Myres on the 
table. 
Agreed to. 
The resolution offered by Mr. Canney was then adopted. 

Mr. Cabaniss offered the following : 

Whereas, The Constitutibn of this State declares that every law en- 
acted by the Legislature shall embrace but one object, and, 

Whereas, Two objects are embraced in the bill just passed, therefore 
be it 

Resolved, That in the opinion of this House, the bill just passed is un^ 
constitutionaU 

Mr. Heydenfeldt moved to indefinitely postpone the resolution, upon 
which Mr. Myres demanded the ayes and nays, and. 

On motion of Mr. Conness, the whole subject was laid upon the table. 

On motion of' Mr. Van Dyke, at half past 12 o'clock, the Hou^ took a 
recess until half past 2 o*clock. 

Half past 2 o'clock, the House met pursiiant to adjournment. 

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130 [Fbipay, 

Mr. Heydeofel^^ it^^lil to be excused from serving on tbjB (ToiWDittee 
of Ways and MeaD9. 

He was excused. 

The Speaker appointed Mr. Robinson in place of Mr. Heydenfeldt^ on 
the Committee of Ways and Means. 

Mr. Johnson offered the following, which was Sopited : 

Resolved, That two thousand copies of the Report of the State Comp- 
troller be printed for the u^e of Hfiis flousei provided there be np extra 
charge for composition, x 

Mr. Crenshaw offered the following, which was adopted, : 

Resolved, That the Speaker j^ppoint a Committee of five members of 
t|;ii^ flouse to visit the city of San Franciscq, and examine whether the 
extension of the city front of said city would materialy injure the harbor 
thereof, and report to this House at an early day : Provided, said Com- 
mittee shall re)[^eive no extra cp^ipensation for their service^ on such 
Commission. 

Messrs. Crenshaw, Heydenfeldt, Thomas, Brush and Blake were ap- 
PQ4;it^ 8ai4 Oprpmitjee, 

Mr. Bostwick made the fpllpwing report : 

Th^ Jpipt Committee on Ei;vpll|ed pillp report, that they hf^ve exam- 
ii^^d'Mjl fpwd correctly enrolled, i^n Act to (arovide for the permanent loca- 
tion of the Seat of Government. 

BOSTWICK, Chairman, 

ROACH, Chairman Senate. 

The following p)^«}^e was ijeceived fron^ the l^enalte : 

Jtb: Speaker ; . , 

I anpi direct^, to inform the AfisemWy tbftt the Senate passed, yealpr- 
day, with an aipendment, Assembly bill for An Act to repeal an Act'en- 
titled an Act to authorize the Funding of the Debt of the County of El 
Pmj^P* ^n4,tp provide fpr tl^ i^ajf^finl of tl;ie o^e, approved ft|ay ^st, 

And a bill for An Act concerning the Securities of the late John H. 
Pl^ttppp, ^ecpi^si^, Gounly Treasurer of El Dorado County;. 

A. C. BRADFORD, 

SQC?etary of the Senata 
4th February, 1853. 

jSep^.^e bill. An Act concerping the securities of the late John H. Phil- 
lips, deceased, County Treasurer of El Dorado County, fead first and 
second time, ^a^cl li^ferfpd tp Judiciary Cpipmitteq^ 



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Fbb. 4.] ^131 

The House concurred in the l^enate amdodmeat to Ais^mUy bill for 
An Act to Fund the Debt of the Goanty of Bi Dorado. 
The following message was raeeiyed from the Senate : 

JUr. Speaker: 

I am ditected to inform theAssenkbly that the Senate this day eoncUtw^ 
in Assembly sesolution to a(^am to meet at the City df Beoicia, isli Pzi- 
day, llth day of Febpuary, at 12 o'clock ; 

Aiid that the Senate this day passed a Concurrent Beiolntioin in itfer- 
ence to the removal of ttie Archives and property of State ; 

And to leturn to the Assembly, Senate bill for An Act to prevent 
Monopolies that tend to produce famine. 

A. a BRADFORD, 

Secretary of the Senate. 

The House adopted the Senate Concurrent Resolution in reference to 
the Archives of State. 

And the Clerk was instructed to notify the Senate of the same. 

Mr. Johnson moved to take irom the table a report from the Ju^ioiibzy 
Committee, submitted some days since. 

Agreed to. 

Mr. Speaker: ' 

The Judiciary Committee, to whom was referred An Act to repead an 
Act creating the office of Superintenaent of Public Buildings, b^ leave 
to report the same back, with a recommendation tibat the minority report 
of the Committee on Public Buildings be adopted ; 

Also, that they recommend the passage of An Act to amend the ninth 
section of an Act concerning Judges of the Pldns, and defining their 
daty, passed April 25, 1851 ; 

Also, that they have examined Sena!t6 bill ehtitted An Act to provide 
for the redemption of Lands sold for Taxes, and recommend the indefinite 
postponement of the 'same ; 

Also, that they recomtnend the |>as8ltge of An Act to repeail ah act eii^ 
titled an Act in relation to Actions wherein the State is a party, approved 
May 3d, 1852; 

Also, that they haw feonsideired An Act to amend thiB fourth sectibil of 
an Act concerning Divorces, and they beg leave to report il back without 
leccomendation, and ask to be discharged from the furthelr coti^ideiia- 
tion of the same ; 

AIbo that they have had nnder eotidderatibn'the Ailhual Heport of the 
Att0raey*General, and the same contaitdng subject matter of mat^riti im* 
portance, your committee beg leave to report it back, with the reconmienv 
dation that two tBousand copies be printed , 

Also, that they have considered the petition of James Borland and others, 
which they report back, recommending its reference to the Committee on 
PaUic Lands. 

FH£Ex Ysasca, 

Chaimian. 



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132 [Friday, 

Mr. Meiedith made the following majority report, which, together with 
a minority report, was referred to the Judiciary Committee, and returned 
with the above report from that committee. 

The Committee on Public Buildings, to whom was referred Senate bill for 
An Act to repeal an Act creating the oflSce of Superintendent of Public 
Buildings, and defining the duties of that officer, hare had the same under 
eonsideration, and beg leave to report it back without amendment, and re*- 
commend its passage. 
Bespectfullv submitted, 

THOS. C. MEREDITH, 
GEO. M. CARHARTTv 

Mr. Sime made the following minority report : 

Mr. Speaker: 

The Committee on Public Buildings and Grounds, to whom was referred 
Senate bill entitled An Act to repeal an Act creating the office of Superin- 
tendent of Public Buildings, have had the same under consideration, and 
beg leave to report the same back, recommending its passage, with the fol- 
lowing amendment : Strike out the third section. 

All of which is respectfully submitted. 

JOHN SIME. 

The report of the mmority was adopted. • 

The bill amended, read a third time, and passed. 

Assembly bill, An Act to amend the ninth section of an Act concermng 
Judges of tiie Plains, and defining their duties, was read a third time, and, 
on motion of Mr. Robinson, was recommiUed to the Judiciary Committee, 
with special instructions. 

Mr. Bostwick made the following report : 

Tbe Joint Committee on Enrolled Bills report that they have this day 
Ijresented to the Governor for his approval, An Act for the permanent loca- 
tion of the Seat of Government. 

The following menage was received from the Senate : 

JKr. Speaker: 

I am directed to inform ihe Assembly that the Governor this day ap^ 
proved An Act to provide for the permanent location of the Seat of Gt)veni- 
ment 

A. C.BRADFORD, 

Secretary Senate. 

On motion of Mr. Lee, at 6 o'clock, P. M., the House adjourned to meet 
at Benida on the 11th day of this month, at 12 o'clock, noom 



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Ebb, 4.2 133 



HOUSE OF ASSEMBLY. 

Prii>ay, February 11, 185S. 

House met pursuant to adjournment. 

On motion of Mr. McMeans, Mr. Wmg waa called to the chair, the 
Speaker being absent. , 

There being no quorum, 

On motion of Mr. McMeans, the House adjourned until 10 o'cbck, to- 
morrow. 



- HOUSE OF ASSEMBLY. 

Satubday, February 12, 1863. 

Houde mettpursuant to adjournment. 
The roll was called, and there being no quorum present. 
On motion of Mr. McMeans^ the House adjourned until 10 o'clock, on 
Monday next> 



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134 [TUESDAt, 



HOUSE OP ASSEMBLY. 



Monday, February 14, 1853. 

The Hotise met patsuant to adjoomment. 

Mr. Wmg in the chair. 

On motion, leave of absence was granted to Messrs. Bell, Flower, Martin, 
Cardozo, Heydenfeldt, Eittredge, Meredith, Ti^hlman, McCandless, Mc- 
Farland. Sime, Letcher, Hunt, Lee, Canney, Gardner, Moore, Harrison, 
Lrwin, Taylor, Wilson and Mr Speaker for one day. 

Mr, RobinaoB moved a call of the House. 

Which was sustained. 

The roll was called, and the following members were absent : — Messrs. 
Garhart, Garpentier, Harrison, Knight, McGarry, Govarrubias and Pacheco, 
and those absent on leave. 

The Sergeant-at-Arms was dispatched for the absentees. 

On motion of Mr. Oliver, further proceedings under the call were dis- 
pensed with. 

There being no quorum present. 

On motion of Mr. McMeans, at 11 o'clock, the House adjourned. 



HOUSE OF ASSEMBLY. 

Tuesday, February 15, 1853. 

House met pursuant to adjournment. 

The Speaker in the chair. 

The roll was called by the Clerk, and the following members were absent : 
Messrs. Cabaniss, Carhart, Govarrubias, Harrison, Lee, Martin, McFar- 
land. Smith, Walker, and Wilson. 

The Journals of the .4th, 11th, 12th, and 14th instant were read and ap- 
proved. * 

On motion, leave of absence was granted for two days each to Messrs. 
Garpentier, Walker, Harrison, Carhart, and Letcher ; and one day each, to 

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£^ 16.} 136» 

Mesara. Cabamss, Meredith, and Coyamibias, smd t^ remainder of thig 
ireek to Mr. Wilson. 

Mr. Proctor, member from Sieldjoa, appeared^ was sworn by the Speaker, 
and took his seat. 

A communication was received from Slanton M'Alpin, tendering his res- 
ignation Bfl Qerk of this House. ' 

Which was read and accepted. 

Mr. Crenshaw moved that the House proceed to elect a Gierke 

Which was agreed to. 

Mr. Gardner nominated James G« Stebbins. 

Whole number of votes cast, 60 ; necessary, to a choice, 26. 

James G. Stebbins v^oeived - * 49 votes, 

J. W. Scobey " . - 1 vote. . 

Those who voted for Mr. Stebbins, were Messrs. Bell, Blake, Bostwick, 
Smsh, Canney, Cardozo, Crenshaw, Estep, Ewiog, Flower, Gardner, Gar- 
field, Hally, Herbert, Heydenfeldt, Hbff, Hunt^ Irwin, Johnson, Kittredge, 
Kni^, Leake, Martin, MandeviUe, Meredith, McCandless, McFarland, 
Mcuarry, McMeans, Moore, Myres, Oliver, Owen, Pacheco, Proctor, Read- 
ing, Bedding, Bobinson, Bogers, Sime, Snyder, Taylor, Thomas, Tighlman, 
Van Dyke, Wells, Wmg, Yeiser, and Ijklr. Speaker. 

Mr. Conness voted for Mr. Scobey. 

Mb, Stebbins faaidng received a majority of all the votes cast, was de- 
clared duly elected Clerk. He was then sworn by the Speaker, and enter- 
ed upon the duties of the office. 

ib. Martin presented a petition from citiaens of Humboldt Bay, praying 
this Legislature to create a new county out of certain territory belongbg to 
the counties of Trinity and Klamath. 

Which was read, and referred to the Committee on Counties and County 
Bonndaries. 

Mr. Blake presented a petition firoin the members of the Independent Or- 
der of Odd Fellows, and citizens of the city of San Francisco, setting forth 
that they and their associates are about to purchase a lot and erect a build- 
ing thereon, for charitable purposes, and praying this Legislature to pass an 
Act relating to Corporations, to enable the petitioners and others to incorpo- 
rate such associations. 

Which was read and laid on the table. 

Mr« Brush, from the majority of the Committee on Elections, submitted 
the following report. (Contested seat of Van Dyke and McMahon. See 
Appendix No. 15.) 

Which was read, and on motion of Mr. Canney, made the special qrder 
for to-morrow at l2 o'clock. 

Mr^ Crenshaw, from the Committee on Claims, to whom was referred the 
account of the steamer S. B. Wheeler, for $125, for freight on furniture,, 
reported the same back with a bill for An Act for tixe relief of the steamer 
S. B. Wheeler, and recommended its passage. 

The bill was read a first time and laid over. 

Mr.. Bostwick from the Joint Committee on Enrollment, reported as cor- 

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136 ' [TUHBDAX, 

. ♦ 

reedy enrolled An Act to repeal an Act entitled an Act to [authorize the 
Funding of the Debt of the county of El Dorado, and to provide for the 
payment of the same, approved May Ist, 1852. ' 

The Speaker presented a communication from James W. Robinson, in re- 
lation to the contested seat of James W. Robinson m. T. W. Tighlman, 
which was read ; and, on motion of Mr. Johnson, laid on the table. 

Mr. Eittredge submitted the following resolution : 

Hesolvedy That the Sergeant-at-Arms be instructed to number the desks ; 
^d that at 12 o'clock, M., to-morrow, the members proceed to draw for 
seats as their names are called in alfdiabetical order by the clerk. 

Mr. Canney moved to lay the resolution upon the table. 

Which was agreed to. 

Mr. Heydenfeldt, on leave, introduced a bill for An Act to provide for 
the contingent expenses of the Supreme Court and State Officers. 

Which was read a first time, and the rules suspended; it was then read a 
second time and referred to a select committee of three. 

The Chair appointed Messrs. Heydenfeldt, McMeans and Crenshaw as 
such committee. 

Mr. McMeans submitted the following resolution, which was adopted: 

Whereas^ Col. Blanton McAlpin, late chief Clerk of the Assembly, has com- 
municated to this House his resignation of the same, that he might return 
to ike Atlantic States, where business of a private and important nature 
requires his presence : And whereas, this House is desirous of tendering 
him a token of the high regard we individually and collectively cherish 
for him, as a worthy citizen and faithful and efficient public officer: 
Therefore, 

Resolved, That the thanks of the Assembly are due to Col. Blanton Mc- 
Alpin, for the prompt, faithful and satisfactorv manner in which he has dis- 
charged the multifarious and arduous duties of chief Clerk of the House. 

Mr. Redding submitted the following resolution: 

Resolved, That a committee, to consist of one from each of the counties 
of Klamath, Siskiyou, Trinity, Shasta, Butte, Sierra, Yuba, Nevada, Pla- 
cer, El Dorado, Tuolumne, Calaveras, Ma;riposa and Sacraniento, be ap- 
pointed to take into consideration and report as to the expediency of calling 
a Miners' State Conventiop. 

Mr. Leake moved to amend by inserting San Joaquin, which was agreed 
to ; and the resolution, as amended, was adopted. 

The Chair appointed as such committee, Messrs. Reddingof Yuba, Wells, 
Canney, Estep, Knight, Oliver, HofiF, Herbert, Wing, Moore, Gardner, Ca- 
biness, Proctor, Reading of Trinity, and Van Dyke. 

Mr. Herbert gave notice that he would, on to-morrow, or at an early day 
thereafter, introduce a bill to submit to the legally qualified voters of Call- 



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fomia, at the next general election, tl^e permanent location of the Capital of 
this State. ^ 

Mr, Blake gave notice that he would, on to-morrow, or some, future .day, 
introduce a bUl for the incorporation of a charitable institution. Known as 
Odd FeDows' Hall, -to be located in the city of San Francisco. 

A message was received from the Senate, informing the Assembly that 
they did, on the 4th instant, pass Assembly bill for An Act to authorize the 
Funding of the Debt of the county of Tuolumne, and to provide for the pay- 
ment of the same, with a^ amendment. 

Also, a Joint Hosolu^on to grant four months' leave of absepoe to Delos 
Lake, Judge of the Fourth Judicial District. 

And that they passed, on yesterday, a Concurrent Resolution requesting 
the Governor to confer upon Capt. John A. Sutter the rank of Major Gen- 
eral. 

The amendment of the Senate to the bill for An Act to authorize the 
Funding of the Debt of. the county of Tuolumne, and to provide for the pay- 
ment of the same, w^ then taken up and concurred in. 

Senate Joint ^ejaolution to grant four months' leav4 of absence to Delos 
Lake, Judge of !Fourth Judicial District, was then taken up, read a first 
tune, and laid over under the rule. 

Senate Resolution, requesting the Governor to confer upon Capt. John 
A. Sutter the rank of Major General, was then taken up, read and adopted. 

Mr. McMeans submitted the following resolution, which was read and 
adopted : 

jResolvedj That the Comptroller of State is hereby requested to* furnish 
to the Assembly a statement of the whole amount of money paid to Hospi- 
tals since the first day of January last ; also, the whole amount of re^renue 
paid into the State Treasury during theiS^^e period. 

Mr. Wing submitted the fqllowing resolutioni which was read and adopted. 

Resolved^ That the Committee on Mines and Mining Interests be, and 
are hereby instructed to report, during the present week, on a bill for Au 
Act to revise the Act to provide iox. the Protection of Foreigners, and to 
define their liabilities and privileges, approved May 4, 1852 ; also, on seve-. 
ral bills amendatory of the above named Act, all of which have been refer- 
red to said c^nnnittee, or a substitute for the same. 

On motion of Mr. Ganney, leave of absence was granted to Mr. McCand- 
less for three days. 

The petition of James Dorland, and eighty-one others, citizens of Solano 
county praying for relief^ was taken up, and^ referred to the Committee on 
Public Lands. 

Assembly bill for An Act to repeal an Act entitled an Act in relation to 
Actions wherein the State is party^ approved May 3, 1852, was taken 
up, read a third time'. 

And on the question " Shall the bill pass ?" the, j^es and nays were de- 
manded by Messrs. Redding and Canney, and the House refused to pass 
the bill by the following vote : 
18 

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138 



[TUBBDAT, 



ATES. 



Messrs. Ewing, 


Messrs. McMeans, 


Flower, 


Oliver, 


Gardner, 


Owen, 


Hoff, 


Sime, 


Eittredge, 


Snyder, 


Leake, 


Van Dyke, 


Mandeville, 


WeUs, 


Meredith, 


Wing— 16. 




HATS.* 


Messrs. Blake, 


Messrs. Johnson, 


Brush, 


Knight, 


Canney,* 


Lee, 1 


Conness, 


Martin, 


Cardozo, 


McFarland, 


Covarrubia», , 


Myres, 


Crenshaw, 


Proctor, 


Estep, 
Garfield, 


Beading, 
Bedding, 


HaUy, 


Bobinson, 


Harrison, 


Bogers, 


Herbert, 


Taylor, 


Hejdenfeldt, 


Thomas, 


Hunt,' 


Speakei^28. 



So the house refused to pass the bill. 

Mr. Heydenfelt gave notice that he would, on to-morrow, move a recon* 
sideration of the vote just taken. 

. Senate bill for An Act to provide for the Bedemption of Lands sold for 
Taxes, was taken up and indefinitely postponed. 

Assembly bill for An Act to abolish Special Terms of the Supreme, Dis- ' 
trict and County Courts of this State, was taken from the table, read a 
second time, and, 

On motion of Mr. Flower, referred to the Judiciary Committee, with in- 
slaructioBS to report the same back on to-morrow. 

Senate Joint Besolution to grant four months' leave of absence to DeloB 
Lake, Judge of Fourth Judicial District, was then taken up and read a 
second time. 

Mr. Conness moved that the resolution be mdefinitely postponed. 

Mr. Canney moved a call of the House, which was smstained. 

And on the roll being called, the following members were absent : — 
Messrs. i8eD, Irwin, Pacheco, Smith, Van Dyke and Yeiser. 

On motion, Mr. Irwin was excused from the action of the caU. 

Messrs. Teiser and Van Dyke appeared at the bar of tiie House, and 
were adnutted to their seats. 



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Feb. 15.] 



139 



Mft Mandeville moved to diBpense with further proceedings under the call. 

Which was not agreed to. 

Mr. Bell appeared and was admitteJ within the bar, and took his seat. 

On motion of Mr. Conness, further proceedings under the call were dis- 
pensed with. 

The question then recurring on the indefinite postponement of the reso* 
lution. 

The ajes and najs were demanded by Messrs. Mandeville and Conaesa, 
and the House refosed to indefinitely postpone by the following vote : 

AYES. 



Messrs. Bell, 


Messrs. McMeans, 


Blake, 


Moore, 


Bostwick, 


Oliver, 


Brush, 


Redding, 


Conness, 


Rogers, 


Crenshaw, 


Snyder, 


Estep, 


Thomas, 


Hoff, 


Van Dyke, 


Eittredge, 


Wells, 


MandevUle, 


Wing, 


Meredith, 


Speaker— 23 


McFarland, 






IfAYfi, 


Messrs. Canney, 


Messrs. Leake, 


Cardozo, 


Martin, 


Ewing, 


McGarry, 


Fairfax, 


Myres, 


Flower, 


Owen, 


Gardner, 


Pacheco, 


Hally, 


Proctor, 


Herbert, 


Reading, 


Heydenfeldt, 


Robinson, 


Irwin, 


Sime, 


Johnson, 


Taylor, 


Knight, 


Tighlman, 


Lee, 


Teiser— 26. 



So Hie House refused to indefinitely postpone. 

Hie following message and communications were received from the Gov-- 
emor : 



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140 [TOEPDAT, 

EXBCOTIVB DBPAETBfBKT, \W 



Benicia, February 15, 1858, 



f 



To ths Senate and Aeiembhf 

T have tl 
Gen. M. G 
4th; 1863. 



T have the honor to transmit herewith copies of the correspondence with 
Gen. M. G. Vallejo, in accordance with the Joint Resolution of February 

JOHN BIGLEB. 

[copy.] 

V 

ExEcuTivB Departmbnt, ) 

City of VaUejo, Cal., Feb. 4, 1853. J 



M. G. Vallbjo, 

Sir : n 

By a concurrent resolution of the Legblature, I am directed to de- 
mand and receive from you all moneys that may be now due, or here^ ^at 
become due the State from you, under your proposition to pay to the Siate 
certain sums of money for specific objects, or for any other purpose, sulnnit- 
ted to the Legislature of this State at its first session, and presented in the 
Senate April the 3d, 1850, in the form of a memorial of yourself and others, 
relative to the permanent seat of Government, subsequently acted on by 
both houses, and formally accepted in the passage of a law approved Feb- 
ruary 4th, 1851, entitled ^^ An Act for the permanent location of the seat of 
Government." 

In pursuance of said resolution (a copy of which is herewith transmitted), 
I hereby demand of and from you, on the part of the State, the payment of 
the following amounts, according to the terms and stipulations of a bond 
executed by you to the Governor of the State, on the 3d day of April, A. 
D. 1850, to wit :— 

Ist. For building State Capitol, - - $125,000 

2d. For furnishing State Capitol, - - 10,000 

3d. For building Governor's House, - - 10,000 

4th. For furnishing Governor's House, - * 5,000 

6th. For State Library and Translator's Office, 6,000 

6th. For State Library, - - - 6,000 

7th. Building Offices of Secretary of State, ComptroU*'^ 
Attorney-General, Surveyor-General, and Trea- ' ' 
urer, should the Commissioners deem it proper 
to separate them from the State House, 20,000 

8th. Building Orphan Asylum, - 20,000 

9th. Building Female Charity Hospital, - 20,000 . 

10th. Building Male Charity Hospital, - - 20,000 

11th. Building Asylum for the Blind, - - 20,000 



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15.] 141 

12ih. Buaaing Deaf and Dumb Asylum, 20,000 

13th. Building State University, 20,000 

14th. For University Library, 6,000 

15th. For Scientific Apparatus therefor, 5,000 ' 

16th. For Chemical Laboratory, 8,000 

17th. For Mineral Cabinet, '8,000 

18th. Building Common School Edifices, 10,000 

19th. Purchasing Books for the same, 1,000 

20th. Building Lunatic Asyluto, • 20,000 

2l8t. State Penitentiary, ^ 20,000 

22d. State Botanical Collation, 8,000 

$370,000 

You will please advise me without delay of your intention in relation to 
this matter, and whether you arQ prepared to make the p&yments as above 
spedfied, and according to the stipulations and agreements in your said 
bi^nd, 

I have tiie" honor to be, 
\ Your obedient servant, 

JOHN BIOLER. 



[Copt.] 

So$<f]iAy Februaiy 4th, 1853. 

To his Excellency 

John Bigleb, 

Sir— 
I have the honor to acknowledge the receipt of your communication en- 
closing a concurrent resolution of the Legislature, directing you to demand 
&om me the payment of tlie sum of three hundred and seventy thousand dollars. 
In a recent communication addressed to your Excellency, as well as in others 
addressed to the Legislature at its last session, I petitioned to be released 
from my bond to the State ; and it is still my desire that this bond and the 
contract between the State and myself be canceled. Before replying to 
your demand for the payment of the several sums of money specified in your 
letter, I must beg the indulgence of time to confer with my legal advisers 
before I can inform you fully of my intentions in the premises. 

'"^f I have the honor to be, sir, 

Yovr obedient servant, 

M. G. VALLEJO. 



The following communication tr^om tibe Treasurer of State was recmed 
and read : 



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142 [WediIPat, 

State Tebasuebe's Ofmcb, ) 
Benicia, February 15, 1853. ) 



To the Hon. Isaac B. Wall, 

Speaker of the Assembly : 

Sib— 

In reply to a resolution of your HonoraUe body of the '3d instant, requir- 
ing me '^ to infofin this House whether there are any moneys in the State 
Treasury provided to meet the contingent expense of the Assembly ," I have 
to state daat there is none in the Treasury which can be applied to that 
purpose. 

Respectfully, 

Your ob't serv't, 

RICHABD ROMAN, 

State Treasurer. 

Assembly bill for An Act to amend an Aet conoenuag Roads and High- 
ways, was taken up and read a second time. 

Senate bill for An Act to fix the compensation of aD Counfy Judges, 
where not otherwise provided for, and the Associate Justices of the Courts 
of Sessions, and to repeal so much of a like Act, passed April 22d, 1850, as 
relates to the county of Monterey, was taken up, read a second time, and 
referred to the Judiciary Committee, 

On motion, the House adjourned. 



HOUSE OF ASSEMBLY. 

Wedmsdat, February 16, 1853. 

House met pursuant to adjournment. 

The Speaker in the chair. 

The roll was called by the Clerk, and the following members were ab^ 
sent: — Messrs. Crenshaw, Heydenfeldt, Irwin, Lee, Letcher, McQarry, 
Reading, Redding, Smith, and Tighhnan. . 

The Journal of Tuesday last was read, and approved. 

On motion, leave of absence was granted for one day to Messrs. McGarry 
and Tighlman. 

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F£i»i6.] 



143 



Mr. Brash, firom the Committee on Elections, submitted the following 
report. (Contested seat of McCandless and Hastings. See Appendix 
No. 17.) 

Which was- read, and, on motion, laid on the table, and made the special 
order for to-morrow at 12 o'clock, M. 

Mr. Flower, &om the minority of the Committee on Elections, submitted 
the following report. (Contested seat of Van Dyke and McMahon. See 
AppencUz No. 16.) 

Which was read, and laid on the table. 

On motion of M^. Gardner, the Chairman of the Committee on Mines 
and Mining Interests was empowered to employ a clerk. 

Mr. Bostwick, firom the Joint Committee on Enrollment, reported that 
they had this day presented to the Goyemor for his approval, An Act to 
repeal an Act entitled an Act to authorize the funding of the debt of the 
county of El Dorado, and to provide for the payment of the same," ap- 
proved Maj; 1, 1852. 

Mr. Knight submitted the following resolution, which was read and 
adopted : 

jRewlvedy That the Clerk be requested to procure from the Senate a copy 
of the report of the Treasurer of the Stockton State Hospital, for the use of 
this House. 

Assembly bill for An Act for the relief of the steamer S. B. Wheeler, was 
taken up and read a second time, when. 

On motion of Mr. Crenshaw, the House went into committee of the whde 
on the bill, ^r. Johnson in the chair,) and having considered the same, 
rose and reported it back without amendment, and recommended its pas- 
sage- 

The bill was then read a third time, and passed. 

A message was received from the Governor, informing the Assembly that 
he had this day approved An Act to repeal an Act entitied an Act to au- 
thorize the funding of the debt of the county of EI Dorado, and to provide 
for the payment of the dame, approved May 1, 1852. 

Senate Joint Resolution to grant four months' leave of absence to Delos 
Lake, Judge of Fourth Judicisd District, was then taken up, read a third 
time, and on the question, ^^ Shall the resolution pass ?" 

The ayes and nays were demanded by Mr. Brush, and tixe resolution was 
passed by the following vote : 

ATfi6«' 



Messrs. Blake, 


Messrs. Knight, 


Brush, 


Leake, 


Cabaniss, 


Martin, 


Canney, 


McMeans, 


Carhart 


Moore, 


Carpentier, 
Cardoso, 


Myres, 
Owen, 


Covarrubias, 


Pacheco^ 




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144 



[Wedne^^ 



Mesars^ Estep, 


MeQsrs, Proctw, 


Fairfax, 


Reading, 


Flower, 


Robinson, 


Hally, 


• Sime, 


Harrison, 


Taylor, . 


Herbert, 


Wing, 


Heydeofoldt, 


Xeiser^-Sl, 


Johnson, 






KAJBf. 


Messrs. BeU, 


Messrs. McFarlanci, 


Bostwick, 


Oliver, 


Conness, 


Redding^ 


Ewing, . 


Rogers, 


Garfield, 


Snyder, 


HofF, 


Thomas, 


Hunt, 


Van Dyke, 


Irwin, 


Walker, 


Kittre^ge, 


Wells,. 


Majttdeville, 


Speaker— 21 


Meredith, 





Mr. Johnson mored a reconsideration of the vote just t^^Uf 
Mr. Conness moved to lay the motions to re^nsider on the table. 
On which the ayes and nays were demanded Ijy Mesflis. tJohnsqn and 
Conness, asd it was decided in &e n^gAtire by the following votjp : 



Messrs. 



BeU, 

Rlake, 

Bostwiok,' 

Gabaniss, ' 

Garpentier, 

Conness, 

Ewing, 

Garfield, 

Hoff, 



ATES. 



Messiti. Irwin, 

Kittred^e, 

Mandeville, 

Meredith, 

McFarland, . 

Reddiftg, 

Rpgers, 

Spe«Jcer^*17. 



KAY 3. 



Messrs. Brush, 
Canney^ 
Caldwell, 
Carfaart, 
Cardozo, 
Covarruhias, 
Crenshaw, 
Estep, 



Messrs. Martin, 

McMesuDS, 

Moore, 

Myres, 

Oliver, 

Owen, 

Pacheco, 

Proctor, 



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Feb. 16.] 



145 



Mmstb. Fair&x, 


Messrs. Beading, 


Flower, 


Bobinson, 


HaUy, 


Sime, 


Harrison, 


Snyder, 


Herbert, 


Taylor, 


Hejdenfeldt, 


Thomas, 


Hunt, 


IHghlman, 


Johnson, 


Walker, 


Knight, 


Wells, 


Leake, 


Wing— 88 



Mr. Heydenfeldt moved to indefinitely postpone the motion to reconsider. 
On which tiie ayes and nays were demanded, and it was decided in the 
affirmatiye by the following vote : 



AYB8« 



Messrs. Gabaniss, 


Messrs. Knight, 


Ganney, 
Garhart, 


Le!^e, 
Martin, 


Gardoao, 


McMeans, 


Govarrabias, 


Moore, 


Estep, 

Flower, 


Myres, 
Owen, 


, Gardner, 


Pacheco, 


HaUy,- 

Hamson, 

Herbert, 


Proctor, 
Beading, 
^ Bobinson, 


Heydenfeldt, 

Hunt, 

Johnson, 


Snne, 
Taylor, 
Wbg— 28- 




NAtS. 


Messrs. Bell, 


Messrs. Mandeville, 


Blake, 


Meredith, 


Bostwick, . ' 


McFariand, 


Brush, 


Oliver, 


Carpentier, 

Gonness, 

Grensha-w, 


Bedding, 

Sogers, 

Snyder, 


Ewing, 
Fairfax, 


Thomas, 
Van Dyke, 


HoflF, 


Walker, 


Irwin, 


Wells, 


Eittredge, 


Speaker^24. 



Mr. OonneBS sabnutted the foDoipng resolaiaoii, which was read : 
•19 

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146 [WjajWEQUAY, 

Besolvedy (the Senate conciiniDg), That the entire Ja4ieiftl. Department 
of this State have, and are hereby grafted an indefinite, leave of absence. 

Mr. Carpentier suboutted, as a substitute, a Joint Biaagiiition grantmg 
leave of absence to the Judges of the State of California. 

Mr. Wing moved to lay the resolution and substitute oa the table. 

Which was agreed to; < 

Mr. Mc Means introduced a bill for An Act to repeal the .first section of 
an Act entitled an Act concerning ,the salary of the Piiftriet Attorney of 
San Francisco county. 

Which was read a first time, and the rales suspended ; it was then read 
$, pec(n4 tiipoy and referred to the Jud^oiaty Con^ttee. '^ 

l/f^. JVtcI^^ns ijitrofj^iji^ed a bill for An Aot amendatory of an Act enti- 
tled an Act concerning passengers arriving in the Ports of Oalifonua, ap- 
proved May 3, 1852. 

Which was read a first time, \he rules suspended ; it was then read a 
second time, referred to the Committee on Ways and Means, and two hun- 
dred and forty copes o;qde|^d printed. 

Mr. McMeans introduced a bill for An Act to provide for the Indigent 
Sick. 

Which was read a first time, and two hundred and £>rty copies ordered 
printed. 

Mr. Wing siibmitted thp following resolution, which was read and adopted : 

Resolvedy That the Attorney General be, and is hereby requested to in- 
form this body, as soon as practicable, whether the San Francisco Beach 
and Water Lots, conveyed to the city of San Franciaeo, by the Legislature 
of 1851, in an Act entitled An Act to provide for the disposition of certaia 
Property of the State of California, passed March 26th, 1851, have yet 
been disposed of, and if 8o,«whether any or all of the twenty-five per cent, 
of the proceeds of the j^ale of the above named Beach and Water Lots due 
the State by the provisions of the aforesaid " Act" have been paid over to 
the credit of the State. 

Mr. Kittredge introduced a bill for An Act for the punishment of the 
crime of Adultery and Polygamy. 
Which was read f first time and laid over. 
Mr. Myres introduced the following resolution, which was read : 

Resolved^ That that part of the Committee on Mines and Mining Liter- 
ests, who sometime since asked for and obtained leave to confer with the 
Chinese at San Frajacisco, be requested to report to this House at an early 
day. 

Mr. Redding of Yuba, submitted the foUowbg as a substitute, which was 
read and adopted : 

BtBohe^ That th0 Comp^tee on Mipes and Mining Interests, .be re- 
quested to report to the House such ^formation as they may have in rela- 
tion to the Chinese population of this State. 



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Hi 

a bill for An Act' to repeal an Act^ entitled an Act 
I visors for the counties of this State, and to define 
') far as applies to the county of El Doiudo. 
'•'■ time and laid oyer under the rules. 
• > be excused from serving on the committee of thir- 
<; Constitution, which was granted ; atidt the Chair 
TO fill the vacancy. 

( Vcnshaw, the matter of the contested sbat of Mo- 

. i:ide the special order of this day at 12'^ M., was 

slant and the counsel of the parties v^ere mvited to 

>cir of the House during the consideration of the mat- 

•n, ^Tith Mr. Pittser, his counsel, appeari^d^ and took 

tted the following resolution, whidi was retd : 

\'an Dyto, the sitting meihber from' Elamath cotin^, has 
that he caitf now adduce othter and important tdstiinonjf 
merits <Jf the conbfOPversy' between hiasilf at'd Jamtea 

estant, ipfhich he has not been |Me, her^tefbre,' to pro^ 



■ t the whole matter of controversy between the said partiea 

to the Oommittefe on Electidni, wltfi insthictions to receivd 

testimony Inay be offered by the parties, and report anew to 



• moved a call of the House. 

t.s not sOBlained: 

tion recmtting oh the adoption of the resolution, the ayes and 
demanded by Mr. Blake, and it was decided in tiie negative by 
!ig tie vote : 

ATBS. 



rs. Cabaniss, 


Messrs. Martin, 


Carhart, 


OweB^ 


Carpentier, 


Pacheco, 


Conness, 


Proctor, 


Estep, 


Beading, 


Ewmg, 


Bobinson, 


Flower, 


Sime, 


Garfield, 


Snyder, 


. HaUy, 


Taylor, 


Hahisen, 


' Wells, 


Heydei^Idt, 
Hunt, 


Si?£ei^26 


Knight, 




• 


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148 


[WBDKBflDAT, 


f 


HATS. 




Megan. BeH, 




Messrs. Leake, 


Blake, 




Maiide?ille, 


Bostwick, 




. Meredith, 


Brush, 




McFarland, 


Canney, 




McMeans, 


Gairdozo, 




Moore, 


Crenshaw, 




Oliver, 


Gardner, 




Bidding, 


Herbert, 
HoflF, 




Rogers, 
Tighhnan, 


Irwin, 




Walker, 


Johnson, 




Teiser— 26. 


Eittredge, 







Mr. Bedding moved a reconsideration of the vote just taken. 
Mr. Canney moved a call of the House, which was sustained ; and, 
On the roll being called, the following member^ were absent : — ^Measis. 
Fairf&x, Smith and Thomas. 

Messrs. Thomas and Fairfax appeared and took their seats. ; when, 
On motion of Mr. Gardner, farther proceedings under the call were dis- 
pensed with. 

The question then recurring on reconsidexing the, vote on the resolution, 
the ayes and nays were demanded by Mr. Canney, and resulted as foUows : 

AYBS. 



Messrs. Cabaniss, 


Messrs. Pacheco, 


Garhart, 


Proctor, 


Carpentier, 


Beading, 


Conness, 


Bedding, 


Estep, 


Bobinson, 


Flower, 


Sime, 


^ Garfield, 


Snyder, 


Harrison, 


Taylor, 


HesfdenfeUt, 


Walker, 


Hunt, 


Wells, 


Knight, 


Wmg, 
Spe^er— 2 


Martin, 


Owen, 




. 


WATS. 


Messrs. Bell, 


Messrs. Johnspn, 


Blake, 


Eittredge^, 


BosJ?wiok> 


- Leake, . 


Brush, 


Meredith^ 


Canney, 


McFarland, 


. Cardoso, 


McMeans, 



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Fbb. la] 149 



Messrs. CoyarrabiaB, 


Messrs. Moore, 


Crenshaw, 


' Myres, 


Fairfax, 


Oliver, 


Gardner, 


Rogers, 


Hally, 


Thomas, 


Herbert, 
Hoff, 


Tighlman, 
Wilson, 


Irwin, 


Yeiser— 28. 



So the House refused to reconsider. 

On motion of Mr. Cannej, the House took a recess until 4 o'clock, P. M. 

4 O'clook, P. M. 
House re-assembled, and. 

On motion of Mr. Canney, resolved itself into committee of the whole, 
Mr. Robinson in the chair, on the special order of the day, the contested 
case of McMahon vs. Van Dyke. 

After a consideration of the subject, the conmiittee rose, reported it back, 
and were discharged. 

Mr. Canney moved a reconsideration of the vote which r^ected a bill 
for An Act in relation to Actions m which the State is a party. 

Which was agreed to. 

The bill was then, on motion of Mr. Heydenfeldt, laid upon the table. 

The House, on motion of Mr. Blake, at half past 5, P. M., took a recess 
until half past 7, P.M. 

7i O'clock, P. M. 
House re-assembled. 

Mr. Crenshaw moved the adoption of the majority report of the Committee 
on Elections, upon the contestea case of McMahon vs. Van Dyke. 

Mr. Canney moved a call of the House, which was sustained. 

And on the roll being called, the following members were absent :-^ 
Messrs. Gardner and Heydenfeldt, who immediately appeared and took 
their seats. 

On motion of Mr. Blake, further proceedings under the call were dis- 
pensed with. 

The question then recurring on the adoption of the ipajority report of the 
Committee on Elections in the case of contest between McMahon vb. Van 
I>yke. 

On which the ayes and navs were demanded by Mr. Hoff, and resulted 
as foUows : 



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• 


150 [WBDNJabAT, 




AYES. 


, Messrs. Bell, 


Messrs. Meredith, 


Blake, 


McFarland^ 


Bostwick, 


McMeans, 


Brash, 


Moore, 


Canney, 


Myres, 


^ Cardozo, 


Oliver, 


Covarrabias, 


Owen, 


Crenshaw, 


Rogtoi, 


Fairfax, 


Snyder, 


CPardner, 


Smifli, 


Herbert, 


Thomas, 


Hoff, 


Tilghman, 


Irwin, 


Wells, 


Kittredge, 


Wing, 


Lee, 


Teiser, 


Leake, 


Speaker— 83. 


MMidetille, 






FATS. 


Messrs. Cabaniss, 


Messrs. Johnson, 


Carfiart, 


Knight, . 
Letcher, 


Carpentier, 


Conness, 


Martin, 


Estep, 


McGarry^ 


Ewing, 


Pacheco, 


Flower, 


Proctor, 


Garfield, 


Bedding, 


Hally, 


Robinson, 


Harrison, 


Sime, 


Hejdenfeldt, 


Taylor, 


Hunt, 


Walker— 24. 



So the report was adopted. 

The question then recurring on the adoptidn of the resolution anneised to 
the majority report. 

On which tiie ayes and nayd were demanded and resulted as Ipllows : 



AYBS. 



Messrs. Bell, 
Blake, 
Bostwick, 
Brush, 
Canney, 
Cardozo, 



Messrs. Meredith, 
McFarlandy 
McMeans, 



Ofiver, 

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Fbb. 16.] 



161 



essrs. Covarrubias, 


Messrs. Owen, 


Crenshaw, 

Fairfax, 

Gardner, 


Rogers, 
Snyder, 
Smith, 


Herbert, 


Thomas, 


Hoff,* 
Irwin, 


Tilghman, 
Wells, 


Kittredge, 
Lee, 


•Wing, 
Teiser, 


Leake, 
Mandeville, 


Speaker— 33; 


}> 


NATS. 


essrs. Gabanias, 


Messrs. Johnson, 


Carhart, 


Knight, 


Carpentier, 
Conness, 


Letcher, 
Martin, 


' Estep, 
Ewing, 
Flower, 


McGarry, 

Pacheco, 

Proctor, 


Garfield, 

Hally, 

Harrison, 


Redding, 
Robinson, 
Sime, 


Heydenfeldt, 
Hunt, 


Tkylor, 
Walker— 24. . 



So the resolution was adopted, and the seat of Mr. Van Dykfe was de- 
clared racant, and that James McMaho^ was entitled to the same. 

On motion, the House adjourned. 



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152 [TflUilSDAY, 

HOUSE OF ASSEMBLY. 

t 

Thursday, Feb. 17, 1863. 

House met pursnant to adjournment. 

The Speaker in the chair. 

The roll was called and the following members were absent : Messrs. 
Carhart, Ewing, Knight, Proctor, Reading, Redding, Rogers and Smith. 

On motion, leave of absence for two days was granted to Messrs. Go- 
varrubias and Redding of Yuba. 

On motion of Mr. Oliver, Mr. McMahon came forward, was sworn by 
the Speaker, and took his seat as a member of this House. 

Mr. Fairfax presented the petition of citizens of Yuba county, prajring 
for the passage of a law exempting firemen from a certain amount of tax- 
ation and jury duty. 

Which was read and referred to the Judiciary Committee. 

Mr. Flower presented the petition of Orrin Bailey, praying for relief 

Which was read an4 referred to the Committee on Claims. 

Mr. Yeiser, from the Judiciary Committee,' submitted the following re- 
port, which was read : 

Mr. Speaker: 

The Judiciary Committee have had under consideration Senate bill 
entitled An Act to fix the compensation of all County Judges, where not 
otherwise provided for, and the Associate Justices of the Courts of Ses^ 
sions, and to repeal so much of a like Act, passed April 22, 1850, as re- 
lates to the county of Monterey ; And recommend that the same do not 



Also, they have examined Senate bill entitled An Act to prevent Mo- 
nopolies that tend to produce Famine. 

Which they report back without recommendation, and ask to be disf- 
charged from the further consideration of the same. 

Also, they report back An Act to amend the 9th section of an Act con- 
cerning Judges of the Plains, and defining their duties, passed April 25, 
1851 ; and recommend that the bill be passed without amendment. 

Your Committee are of opinion that this Act is in proper form, and 
that it is only necessary in amending a section of an Act to re-enact a 
section as amended, not to recite the original section. 

The Conunittee have had under consideration An Act to provide for 
the removal, in certain cases, of Criminal Prosecutions from the Courts 
of Sessions to the District Courts, and recommend the passage of the 
same. 

Also, that they have considered An Act to abolish Special Terms of the 
Supreme, District and County Courts of this State. 



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Jim. 17.] 163 

Which tbey f^ppit ^ck, xecoBuaeodiBg X\iq p£|$ci^ge of the acQpmpa- 
nying substitute. 

FREDEIUgjK YEISER, 
Chairman. 

Senate bill &r An Act to fix the conipensation of all County Judges, 
when not otbejrwise provided for, and A^socis^te Justices of the Court of 
Sessions, and to repeal so much of a lik«i Act,, passed April 22, 1850, m 
vdates to the county of Mopterey, was then taken up, read a third time, 
and on the question of its final passage was lost. 

Senate bill for An Act to prevent ^nopoUes that tend to produce Fam- 
ine, was then -taken up and referred to the committee of the whole, and 
made the special order for to-morrow, at 12 o'clock, M. 

Assembly bill for An Act ta, amend the ninth section of an Act con- 
cerning Judges of the Plains, and defining their duties, passed April 26, 
1851, was then taken up and considered engrbssed for a third reading. 

Assembly bill for An Act to provide for the removal, in certain cases, 
of criminal prosecutions ttom the Courts of Sessions to the District Courts, 
was taken up and laid over. 

Assembly bill for An Act to abolish special terms of 'the, Supreme, Dis- 
trict and County Courts of this State, and the substitute reported for the 
same by Uie Judiciary Comn^ittee, Y/«re then taken up and laid over until 
to-morrow. N 

The following, message was received from the Senate and read: 

Mr. Speaker: 

I am directed to inform the Assembly that the Senate yesterday refused 
to concur in Assembly amendment to Senate bill for An Act to repeal an 
Act creating the office of Superintendent of Public Buildings ; 

And passed An Act in relation to certain contingent expenses of the 
Legislature ; 

And An Act to prevent the establishment.of Pest Houses in any town 
or city in this State. 

A. C. BRADFORD, 

Secretary Senate. 

February 16, 1853. 

The House refused to recede from their amendment to Seipite bill for 
An Act to repeal an Act creating the office of Superintendent of Public 
Buildings. 

Mr. Ueydenfekli moved that a committee of conference be ai^pointed to 
confer with alike committee on the part of the Senate, on the disagreeing 
vote of the two Houses on the bill. 

Which waa agreed to. 

And the Chair appointed as such committee, Messrs. Heydenfeldt, 
Moore and Fairfax. 

Senate bill for An Act in relation to certain Contingent Expenses of the 
Legislature, was then read a first time, and laid on the table. 

Senate bill for An Act to fwevent the: establishment of Pest Qouses in 
*20 



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164 [TfiUBSDAY, 

any town or city in this State, Drias then read a first time and laid over 
until to-morrow. ' 

A communication was received from Beverley C. Saunders, asking for 
remuneration for damages sustained by him in fitting out the Steamer 
ftuickstep, in the month of December, 1851, in accordance with a con- 
tract made with the Governor of this State, for the transportation of troops 
and munitions of war from San Francisco and San Diego and back, ror 
the suppression of Indian hostilities. 

Winch was read, and, on motion of Mr. Heydenfeldt, referred to the 
Committee on Claims. 

Assembly bill for An Act to repeal an act entitled an Act to create a 
Board of Supervisors for the counties of this State, and to define their 
duties and powers, so far as it applies to the County of El Dorado, was 
read a Second time, and referred to the Judiciary Committee. 

Assembly bill for An Act for the Punishment of the crimes of Adultery 
and Polygamy, was read a second time, and referred to the Judiciary 
Committee. 

Assembly bill for An Act to provide for the Indigent Sick, was read a 
second time, and referred to the Committee on State Hospitals'. 

Mr. McMeans, on leave, introduced a bill for An Act in relation to sup- 
plies of Fuel, and other contingent expenses of the Legislature. 

Which was read a first and second time under a suspension of the rules. 

On motion of Mr. McMeans, the House then went into committee of 
the whole on the bill, (Mr. Wing in the chair,) and having considered the 
same, rose aind reported it back without amendment, and asked to be 
discharged from a further consideration of the matter. ** 

Which was agreed to. 

And the bill was then ordered engrossed for a third reading. 
' Mr. Thomas, from the Committee on Engrossed Bills, reported as cor- 
rectly engrossed, An Act for the relief of the steamer S. B. Wheeler. 

Mr. Owen gave notice that he would, at an early day, introduce bills 
of the following titles : . 

' A bill for An Act to suppress Gambling ; 

A bill for An Act for a State Road, from the City of Benicia to the City 
of Sacramento ; 

A bill for An Act to prohibit Hogs and Sheep running at large in the 
farming settlements. 

Mr. McFarland introduced a bill for An Act to define the jurisdictioa 
of the District Comt of the First Judicial District. 

Which was read a first time, and the rules suspended. It was thea 
read a second time, and, 

On motion of Mr. Thomas, referred to the Judiciary Committee. 
' Mr. Snyder gave notice that he would, on to-morrow, introduce a bill 
to provide for the Measurement of Goods. 

Mr. Heydenfeldt submitted the following report; which was read : 

Mr. Speaker: 

The select committee to whom was referred An Act to provide for the 
Contingent Expenses of the Supreme Court and State Officers, have had 
the same under consideration, and have visited the State offices as in- 
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Fm. 17.] 156 

structed by the House. . Yaur committee find them in very bad coadition, 
and the Archives of State almost entirely exposed to destruction from the 
want of proper furniture. The bill is therefore returned with the recom- 
mendation that it be passed. 

Respectfully submitted; 

E. HEYDENPELDT, Chairman. 
JNO. T. CRENSHAW, 
S. A. McMEANS. 

On motion of Mr. McMeans, the House went intd committee of the 
whole, Mr. Canney in the chair, on the bill for An Act to provide for the 
Contingent Expenses of the Supreme Court and State Officers, and having 
considered the same, reported it back without amendment, and recom- 
mended its passage. 

The bill was then read a third time, and passed. 

On motion of Mr. Canney, the House went into committee of the 
whole, (Mr. Robinson in the chair,) in the matter of the contested seat of 
Hastings vs. McCandless, made the special order for this day, at twelve 
o'clock, and having considered the same, rose and reported it back, and 
asked to be discharged from further consideration of thentotter. 

Which request was granted. m • 

On motion of Mr. Gardner, the report of the Committee on Elections 
in relation to the above matter, was adopted. 

Mr. Canney submitted the following resolution, which was read : 

Resolved^ That in the oioiiion of this House, A. G. McCaadtess is 
legally entitled to4be seat now occupied by him as a member of the. As- 
sembly from Sutter County. 

Mr. Garfield submitted the following as a substitute, which Was le&dc 

Resolved, That the 8eat> occupied by Au G. McCandless in this He^se, 
is hereby declared vaciauti preparatc»ry to oxderilig a new election > isk 
Assemblyman in the County of Sutter. v^ 

Mr. Heydenfeldt moved to lay the substitute oq tbe table.. ^ 

Mr. Taylor movod a c^Il of the Houseu, . :> > > 

Which was sustained. 

The roll was called, when, on motion of Mr. Wells, further proceedings 
tmder the call were dispensed with. 

The question th^ recurring on laying the substitute on thj3 table, the 
ayes and nays we]re demanded by Mr. Hoff, and it w^ decided in the 
affirmative by the following vote : 

ATE8. 

Messrs. Bell,. Messrs. Lee, .. , * 

BiiJce, Letcher, , 

Bostwick, Meredith, 



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166 



[Thtosday, 



Messrs. Brnsli, 


*^* Mbters. McFarltod, 


CabanisSy 


McGarry, 


Canney, 


McMeans, 


Carhart, 


McMahon, 


Carpentier^ 


Moore, 


Conness, 


Myres, 


CJardoao,. 


Oliver, 


Crenshaw, . 


Owen, 


Estep, 


Pacheco, 


Ewmg, 


Proctor, 


Fairfiix, 


Beading, 


Flower, 


Robinson, 


Crardner, 


Bogere, 


HaUy, 


Snyder, 


Harrison, 


Smith, 


Herbert, 


•Taylor, 


Heydenfeldt, 


Thomas, 


Hoff, 


Tilghman, 


Hunt, 


Walker, 


Irwin, 


Wells, 


Jdinson, 


Wing, 


Kittredge, 


Teiser, 


• Kni^t, 


Speaker— 52« 




BTAira. 


Mesm. Garfidd; 


Messrs. Martin^ 


Mandeyille, 


Sim^— 4. ■ 



Mr. Garfield then submitted the following as a substitute to the origi- 
nal lesolution : ^ ^ 

Resolved^ That the whole matter in controvBrsy in the contested elec- 
tion between McCandtess and Hastings, foe recommitted to the Committee 
on Elections. 

On the adoption of which, the ayes and nays wereJ demanded by Mr. 
HoflF, and the House refused to adbpt the resolutioii by the foliowiug vote : 



Messrs. Blake, 


Messrs. Martin^ 


Estep, 


Owen, 


Fairfax, 


Taylor, 


Garfield, 


Thomas, 


Hoff, 


Wells, 


Irwin, 


Wing, 


Letcher, 


Yeiser^lo 


MandeVme, 





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Km. n.y 



157 



NATS. 



Messrs. Bell,. 


Messrs. Le.e, 


Bostwiek, 


Meredith, 


Brush, 


McFarland, 


Cftbamiss, 


McGarry, 


Canney, 


McMeans, 


Carbart, 


McMahon, 


Carpentier, 


Moore, 


Goufiefls, > . 


Myres, 


CardoBOy • 


Oliver, 


Crenshaw, 


Pacheco, 


Ewing, 


Proctor, 


Flower, 


BMdiog, 


Gardner, 


Robinson, 


Hally, 


. Rogers, 


Harrison, 


Sime, 


Herbert, 


Snyde^, 


Heydenfeldt, 


^ Smith, 


&unt, 


Tilghman, 


Johnson, 


Walker, 


Kittredge, 


Speaker— 41. 


Enight, 


• ' 



The question then recurring 6n the adoption of the resolution submit- 
ted by Mr. Canney, declaring Mr, McCandless entitled to hrs seat. 

On which, the ayes and nays were demanded, it was decided in the 
affirmative by the following vote :' 



▲TES. 



Messrs. 



Bell, 


Messrs. Martin, 


Blake, 


Meredith, 


Bostwick, 


McFarland, 


^j|ttsh. 


. , . McGarry, 


Cabaniss, 


McMeans, 


Canney, 


McMahon, 


Garhart, 


Moore, 


CoTOess, 


Myres, 


Cardozo, 


., Oliver, 


Chpone^aw, 


Owen, 


Ewing, 


Pache^, 


Fairfax, 


Proctor, 


Flower, 


Reading, 


Gardner, 


( Robinson, 


HaUy, 


Rogers, 


Harrison, 


Sime, 


Herbert, 


Snyder, 


Heydenfeldt, 


Smith, 


Hunt, 


Taylor, 




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Google 



Messrs. Irwin, 

Johnson, 

Kittredge, 

Knight, 

Lee, 

Letcher, 



158 



[THFBSJKAti 



Messrs. Thomas, 
Tilghman, 
• Walker, 
WeUs, 
Teiser, 
Speaker— 50. 



NAYS. 



Messrs. Estep, 
Garfield, 
Hoff, 



Messrs. MandeylUe, 
Wing— 6. 



Mr. Blake submitted the following resolution, which was adopted : 

Resolved^ That E. O. P. Hastings be allowed his mileage and per 
diem^ from the 3d of January, to 17th of February, 1853. 

• A message was received from the Governor transmitting a copy of a 
release executed by M. G.Wallejo, and approved by the Attprney-General 
of the State, in accordance with the requirements of An Act for the per- 
manent location of the Seat of Government, approved Feb. 4th, 1853. 
(See Senate Appendix No. 25.) 

Which was read and laid on the table. 

Mr, Herbei:t introduced a bill fpr. An Act to determine by the vote of 
the people the permanent location of the Seat of Government. 

Which was read a first time, the rules being suspended, it was then 
read a second time and referred to the Committee on Public Buildings. 

Mr. Fairfax introduced the following, resolution which was adopted : . 

Resolved^ That the regular hour of meeting of this Ho\Jse be changed 
from the present hour, (ten o'clock A. M.\,) to the hour of eleven o'clock 
A. M. 

Mr. Blake introduced a bill for An Act for the relief of Calvin Valpey. 
Which was read a first time, and laid over under the n/les. 
Mr. Heydenfeldt submitted the following resolution, ^hich was adop- 
ted: 

Rfisolvedy That the Chairman of the Committee on Pablic Buildings, 
be requested to obtain from the Commissioners on Public Buildings, the 
plans and specifications of State Prison, now in their 'pos(9ession, ^r the 
purpose of investigating a claim now before this House. 

On motion the House adjourned. 



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PteB. 170 15» 



ttOUSE OF ASSEMBLY. 

' FBtDiiT, February 18,1863. 

The House met pursuant to adjournment 

The Speaker in the Chair. 

The roll was called by the Clerk, and the following members were found 
absent: Messrs. Fairfax and McGarry. 

On motion, Messrs; Fairfax and McGarry were granted leave of absence 
for one day. 

The Journal of Wednesday Iftst was read and approved. 

Mr. Heydenfeldt presented the petition of S. C. Hastings, praying for re- 
lief, which was read and rcfeired to the Judiqiary Committee* 

ifi, BUkke presented the petition of citizens of the City of San Francisco, 

S raying for the repeal of a law appointing Commissioners to fund the floating 
ebt of -San Francisco, which was read, and referred to the^ CiHnmittee on 
Corporations. 

Mr. Mandeville presented the petition of Phebe W. Street and sixty-seven 
other ladies of Sonora, Tuolumne county, praying for the passage of a law 
for Jhe better observance of the Sabbath. 

Also, a petition of Samuel H. Smith and others, citizens of the same 
pJace, praying for the same object, which was read, and, on motion of Mr. 
Boetwick^ referred to select committee of three. 

The Chair appointed as such committee, Messrs. Bostwick, Mandeville, 
and Conness. 

On motion of Mr. Oliver,. Mr^ Blake was added to the above Committee. 

Mr. Hunt presented the petition of Powell Wever, praying for- relief. 

Which was read, and on motion of Mr. Crenshaw, referred to the Com- 
mittee on Indian Afiivs. 

Mr. Yeiser submitted- tiie following report, which was read: 

Mr. Speaker: 

The Judiciary Committee have had under consideration An Act to amend 
the third section o£an Att entitied aa Act to regulate fees in ofKce, passed 
May 1, 1861, and they recommend ihe passage of the same without amend- 
ment. 

' Also, that tiiey have considered Senate bill entitied An Act concevning 
the securities of the late John H. Phillips, deceased, County Treasurer of 
El Dorado cotinty, and recommend the passage of the same ; 

Also, they report back without recommendation An Act to amend the 
eighty-seventh section of an Act entitled an Act concerning the Courts of 
Justice of this State, and Judicial Officers, passed March 11, 1851, and to 
repeal An Act amendatory thereof, approved May 3, 1852. 



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160 Ci'M>Ay, 

Also, that they haye considered An Act to repeal the first section of an 
Act entitled an Act concerning the salary of the District Attorney of San 
Francisco county, which they report back with a recommendation that Hie 
bill be indefinitely postponed. 

FBED. TEISER, 

Chairman. 
February 18, 1853. 

Assembly bill for An Act to amend the third secfion of an Act entitled 
an Act to regulate fees in office, passed May 1, 1851, was then taken up, 
and laid over. 

Senate bill for An Act concerning the securities of the late John H. Phil- 
lips, dectased, Traasurer of El Dorado county, was taken up, .'.and, on mo- 
tion of Mr. McMeans, laid on the table. 

Assembly Inll for An Act to amend/ the eighty-sevenih a^tioD of an Act 
concerning the Courts of Justice of this State and Judicial Officers, ap- 
proved March 11, 1851, and to repeal AnAct amendatory thereof, approved 
May 8, 1852, was then tak^n up and laid over. 

Assembly bill for An Act to repeal the first section of an Act concerning 
the salary of the District Attorney of San Francisco county, was then taken 
up, read a third time, and laid on the table. 

Mr. Thomas, from the Committee on Engrossed BHls, -submitted the fol- 
lowing report : 

Mr. Speaker : . 

The Committee on Engrossment have escadnned and found correctly en- 
grossed the following bills, viz : 

A bill entitled An Act in relation to the supplies of fiiel, and .oliher eon- 
tingent expenses of the Legislature. 

An Act to amend the ninth section of an Act concerning the Judges of 
the Plains, and defining their duties, passed April 25th, 1^1. 

An Act to provide for the contingent expenses of the Supreme Court and 
State Officers. , ^ 

An Act to regulate the business of the general and apeeial terms of the 
Supreme and District Courts of this State, andtiiie Superior Court of San 
Francisco. 

CHAS. C. THOMAS, 

Chairman Committee. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
oorreotly enrolled a Joint Rosdation . granting leave of ajbsence to Delos 
Lake. 

Mr. Heydenfeldii submitted the feUowing vesolntkm, which was adopted : 

Besolvedy That the Secretary of State be requested to transmit to this 
House the unfinished business of the last session of the Assembly. 

Mr. Johnson submitted the following resdutioo, . which was read and 

I 

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Feb. 18.j 161 

Be9olved, That one thousand copies of the Report of the Trastees of the . 
Sacramento State Hospital be piipted for the use of the Assembly. . 

Mr. Carhart submitted a Concurrent Resolution authorizing the Secret 
tary of State to purchase two hundred copies of the Statutes of eighteen 
hundred and fifty-two. 

Which was read, and laid on the table. 

Mr. Tilghman submitted a resolution authorizing the Ohairman of thc^ 
Comuuttee on Missions and Mission Lands to employ a clerk for a certain 
period. " ^ 

Which was read and adopted. 

Mr. Herbert gave notice that he would, at an early day, introduce a bilf 
for An Act to leave to the vote of the legal and qualified voters of Tulare , 
at the next general election, the permanent location of the Qounty seat of 
said county. 

Mr. Canney gave notice that he would, at an early day, introduces a bill 
providing for the sale at public auction •of all right, title and interest of the 
State to certain property in the city of Benicia, now occupied by the Pacific 
Mail Steamship Company. 

On motion of Mr. Leake, the House took up the bill for An Act to aboli§)i 
special terms of the Supremo, District and County Courts of thi^ Stateu 

When Mr. Leake further moved the adoption of the substitute reported 
by the Judicary Committee, entitled An Act to regulate the business of the 
general and special terms of the Supreme and District Courts of this State. 

Which was agreed to ; and the House went into consideration of the sub- 
stitute. 

Mr; Flower moved to amend 'the second section, by insertmg, ^^ ai^d the 
Superior Court of the city of San Francisco.'^ 

Which was adopted. 

The bin was then read a third time and passed. 

And on the question, '^ Shall the titie stand ?" Mr. Flower moved to add 
** and the Superior Court of the city of San Francisco." 

Which was adopted ; and the title, as amended, agreed to. 

On motion of Mr. Leake, the Clerk was instructed to report the bill im- 
mediately to the Senate. 

Mr. Johnson introduced a bill for An Act amendatory of an Act entitied 
an Act to incorporate the city of Sacramento, passed 1851. 

Which was read a first and second time, and referred to the members from 
Sacramento. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills^ reported that 
tiiey had, this day, presented to the Governor for his approval, a Joint Re- 
solution granting four months leave of absence to Delos Lake, Judge of the 
Fourth Judicial District. • 

And the report was adopted. 

On motion of Mr. Johnson, the House went into committee of the whole, 
Mr. Heyienfeldt in the chair, on Senate bill for An Act tq prevent Mono- 
polies that tend to produce Famine, made the special order for this day, at 
12 o'clock, and having considered the Bame, rose and reported the same 
back. to the House, with the following amendments, recommending then: 
5, viz: 

*2^ - Digitized by Google 



162 



[Friday, 



Sec. 6. Be if? further enacted, that in case of the arriral of excessive 
supplies of the article* mentioned in this Act, and in consequence of such 
excess, the holders or owners of the same are unable to dispose of them at 
their actual cost in the Port of Sin Francisco, then the said holders or 
owners of such articles may tender the same to the State of California, 
through the Comptroller thereof, who shall receive the same at their full 
costs, to the time of such tender, and shall issue his warrants at their eash 
market value for the amount of the goods tendered : said warrants shall be 
piid out of the first moneys received into the Treasury, not otherwise ap- 
propriated. 

Sec. 7. The Comptroller of State is hereby authorized to rent the build- 
ing, situated at Vallejo, known as the capital building, (if the same can be 
done at a fair rate,) for the purpose of storing such goods as may be ten- 
dered under the provisions of this Act. 

Sec. 8. All such articles 'of provisions that may be on hand, in said sto^ 
iiage building, three days previous to the next election for Governor of this 
State, shall be distributed as the atlthor of this bill may direct, free from 
any charge whatever. 

Mr. Canney moved that the House take up the amendments of the coni- 
tiiittee bv sections. 

Which was agreed to. 

Mr. Mandeville moved a call of the House, which was sustained. 

And on the roll being called, the following members were absent : — 
Messrs. Heydenfeldt, Leake, Moore and Tilghman, they severally appeared, 
were admitted within the bar of the House, excused, and took their seats. 

On motion of Mr. Blake, further proceedings under the call were dispen- 
sed with. , 

The question then recurring on the adoption of " Sec. 6," of the amend- 
ments, the ayes and nays were demanded by Messrs. Mandeville and Oliver. 

And the House refused to adopt by the following vote : 

ATBS. 



Messrs, Cabaniss, 
Canney, 
Carhart, 
. Cardozo, 
Flower, 
Heydenfeldt, 
Johnson, 
Knight, 
Letcher, 



Messrs. Martin, 

McCandless, 

Proctor, 

Reading, 

Sime, 

Snyder, 

Taylor, 

Walker— 17. 



NAYS. 



Messrs. Bell, 

' Blake, 
Bostwick, 
Brush, 
Carpentier, 



Messrs. Leake, ^ 

Mandeville, 
Meredith, 
McFarland^ 
McMeans, 

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FxB. 18.} 163 



, Conneas, 


MesBis. MoMftbon, 


GoyarnJbias, 


Moore, 


CreDflhaw, 


Myi«s, 


Estep, ' 


OUm, 


Ewing, 


Owen, 


Gardner, 


Pacheco, . 


Garfield, 


'' Bobinsosi, 


Hally, 


Rogers, 


Harrison, 


Smith, . 


Herbert, 


ThomaB, 


Hoff, 


Tilghman, 


Hunt, 


WeUs, 


Irwin, 


Wing, 


Kittredge, 


Speaker— 89. 


Lee, 





^' Sec. 7" of the amendments was then taken np and \oet. 
The remiunder of the amendments were then taken up and lost ; and pend- 
ing further consideration of the bill. 
On motion, the House adjourned. 



H<IIJSE OF ASSEMBLY* 



Saturday, February 19, 1863. . 

House met pursuant to adjournment. 

The Speaker in the cHair. i 

The roll was called, by the Clerk and the fdllowing members were ab- 
sent : 

Messrs. Heydenfeldt, Myres, Oliver, Reading,,Smith, and Yeiser. 

On motion, leave of absence was granted Mr. Carhart for two days. 

The Journal of Friday last, was re&d and approved. 

Mr. Wilson presented the petitiorf of citizens of Tuolumne county, re- 
monstrating against the passage of a law for the better observance of the 
Sabbath. i 

Which was read and referred to the select committee, to whom that 
subject had been referred. 

Mr. Ewing presented the petition of L. A. Hilton, praying for relief 

Which was read and referred to the Committee on Claims. 

Mr. Hunt presented the petition of Samuel Whiting, prajring for relief 



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164 [Saturdat, 

Which was read and refeired to the Committee on Indian Affairs. 

Mr. Reading presented the petition of citizens of Trinity county, asking 
certain boundaries fbr a new county, if erected out of the counties of 
Trinity and Klamath. 

Which was read and referred to the Committee on Counties and Coun- 
ty Boundaries. 

Mr. Cardozo submitted the following resolution : 

Resolved, That the Committee on Indian Affairs be empowered to em- 
ploy a clerk whose office shall expire when the Committee transmit t;heir 
report to the House. 

Adopted. 

Mr. Hoff submitted a resolution tendering the thanks of this House to 
Messrs. Wells, Fai^o & Co., for supplying the House with files of various 
newspapers. 

Which wa6 read and adc^ted. 

Mr. Heydenfeldt introduced a bill for An Act to authorize the State 
Treasurer to issue a duplicate School Land Warrant.^ 

Which was read a first and second time, and referred to the Judiciary 
Committee. \ 

Mr. Conness submitted the following resolution, which was read and 
adopted. 

Resolved^ That the Secretary of State be requested to communicate to 
this House the number of copies of the Statutes of 1862, that have been 
distributed to the several counties, and also the number of copies, if any, 
that are now in possession of the State Department. 

Mr. Hally submitted the following resolution, which was adopted : 

Resolvedy That 480 cofnes of th6 annual report of the Trustees of the 
Stockton State Hospital be printed for the use of this House. (See Ap- 
pendix No. 18.) 

Mr, Bostwick, from the Committee on Enrolled Bills, reported as cor- 
rectly enrolled. An Act to authorize the Funding of the Debt of the County 
of Tuolumne, and to provide for the payment of the same. 
^ Mr. Crenshaw submitted a Joint Resolution relative to the Civil Fund. 

Which was read a fii^t and second time, and referred to the Committee 
on Federal Relations. < 

The following naessage was received from the Senate : 

Jjlr. Speaker: 

I am directed to inform the Assembly that the Senate passed, yesterday, 
An Act to authorize a transfer of causes from the Superior Court of Son 
Francisco J 

And Joint. Resolution relative to Mail Routes in California ; 



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Feb. 19.] 165 ^ 

And transmit herewith, pursuant to ^Q^est of the Assembly, the Annual 
Hepoit of the Trustees of the Stockton State Hospital. 



18th February, 1853. 



A. C. BRADFORD, 

Secretary of the Senate. 



Senate bill for An Act to authorize a transfer of causes from the Superior 
Court of San Francisco, was then read a first and second time, and re- 
ferred to the Judiciary Committee. 

Senate Joint Resolution relative to Mail Routes in California, was then 
Tead a first and second time, and referred to the Committee on Federal . 
Relations. 

Mr. Myres submitted a resolution requesting the Judiciary Committee 
to report as to the expediency of Codifyiuij certain Laws. 

Which was read and adopted. 

Mr. Blake introduced a bill for An Acft to amend an Act relating to 
Corporations. 

Which was read a first and second time, and referred to the Conunittee 
on Corporations. 

Mr. Wing introduced a bill for An Act to authorize County Recorders 
to administer Oaths. 

Which was read a first and second time, and referred to the Judiciary 
Committee. 

Mr. Canney submitted the following resolution, which was adopted : 

Resolved^ That the several State ofiicers are hereby requirecl to furnish 
to the committee of this House on Indian Affiiirs, any and all papers in 
their possession relative to Indian affairs, for the purpose of ^enabling said 
committee to correctly discharge the duties devolving on them. 

Mr. Hoflf moved that one additional member be added to the Judiciary 
Committee. 

Which was agreed to. 

The Chair appointed Mr. Snyder. 

A communication was received from the Secretary of State transmitting 
the unfinished business of the last session of the Assembly. 

Which was read and laid on the table. 

On motion of Mr. Oliver, the bill for An Act to prevent Monopolies that 
tend to produce famine, was taken up, and made the special order for 
Saturday next, at 12 o'clock, M. 

The bill for An Act for the relief of Calvin Valpey, was taken up, read 
a second time, and referred to the Committee on Claims. 

Assembly bill for An Act to amend the ninth section of an Act con- 
cerning the Judges of the Plains, and defining their duties, passed April 
25th, 1861, was taken up, read a third time and passed. 

Assembly bill for An Act in relation to the supplies of Fuel, and other 
expenses of the Legislature, was then taken up, and on motion of Mr. 
Wing laid on the table. 

Mr. Oliver introduced a bill for An Act requiring the Comptroller to 
audit certain bills of the members of the present Legislature. 



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166 



[SATUKDiLT, 



Which Av%s read k first and second time. 

On motion of Mr. Wing, the House then went into committee of the 
whole on the bill, and having considered the same, rose and reported it 
back to the House without amendment, and recommended its passage. 

Mr. Crenshaw mov^ed to suspend the rules, and that the bill be now 
read a third time. 

Mr. Canney objected to the third reading of the bill this day. 

Mr. Olirer moved a call of the House. 

Which was sustained. 

And on the roll being called, the following members were absent : 

Messrs. Gardner, Heydenfeldt, Leake, anii Moore. 

Messrs. Heydenfeldt, and Moore appeared and took their seats. 

On motion of Mr. Heydenfeldt further proceedings under the call were 
dispensed with. 

. Mr. Taylor moved to amend the bill by striking out the words " five," 
where it occurs in the first section, and inserting the word " four." 

On which, the ayes and nays Were demanded, and was decided in the 
negative by the following vote : 

' AYES. 



Messrs. Blake, 
Smsh, 


Messrs. Heydenfeldt, 
Hunt, 


Cabaniss, 


Martin, 


Carpentier, 
Gonness, 


Paeheco, 

Sime, 


Gardbzo, 


Snyder, 


Govarrubias, 


Taylor, 


Fairfax, 


Thomas, 


Flower, 


Wells, 


Harrison, 


Yeise^-20. 


' 


NAYS. 


Messrs. Bostwick, 


Messrs. McFariand, 


Canney, 
Crenshaw, 


McMeans, 
McMahon, 


• Estep, 
Ewing, 
Gardner, 


Moore, 
Myres, 
Oliver, 


HaUy, 
Herbert, 


Owen, 
Proctor, 


Hoff, 

Trwm, 

Kittredge, 

Lee, 

Letcher, 


Reading, 

Bogers, 

Smith, 

Tilghman, 

Walker, 


Mandeville, 


Wilson, 


Meredith, 


Wing— 31. 


McCandless. 





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Fbb. 19.] 



167 



Mr. Wall moved to amend by striking out the first and second sections 
ofthe'bill, and demanded the ayes and nays, and the amendment was 
lost by the following vote : 



AYES. 



Messrs. Brush, 


Messrs. McFarland, 


Cabaniss, 


Myres, 


Carpentier, 
Gonness, 


Pacheco, 
. Sime, 


Govarrabias, 


Snyder, 


Fairfax, 


Taylor, 


Flower, 


Thomas, 


Harrison, 


Wells, 


Heydenfeldt, 
Martin, 


Speaker^-19, 




NAYS. 


Messrs. Blake, 


Messrs. Mandeville, 


Bostwiek, 


Meredith, 


Ganney, 
Gardozo, 


McCandless, 
McMeans, 


Crenshaw, 


McMahon, 


Estop, 
Ewing, 
Gardner, 


Moore, 
OUver, 
Owen, 


' Hally; 
Herbert, 
Hoff, 
Hunt, 


Proctor, . . 
Reading, 
Rogers, 
Smith, 


Lrwin, 
Eittredge, 


Tilghman, 
Walker, 


Lee, 


Wilson, 


Letcher, 


Wing -^2. 



The question then recurring on suspending the rules for a third read- 
ing of the bill, • 

On which the ayes and nays were demanded by Mr. Conness. 
It was decided in the affirmative by the following vote : 



AYES. 



Messrs. Blake, 

Bostwick, 

Brush, 

Gabaniss, 

Ganney, 

GardoBO, 

Govarrabias, 



Messrs. Lee, 

Letcher, 

Mandeville, 

Martin, 

Meredith, 

McGandl«8s, 

MoMeans, 



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168 



[Satokuai-, 



MeBsns. Crenshaw, 


Mes8S8« McMahon, 


Estep, 
Ewing, 
Fairfax, 


Moore, 
Myres, 
Oliver, 


Gardner, 


Owen, 


Hally, 

Harrison, 

Herbert, 


Proctor, 
Beading, 
Smith, 


Hoff. 
Hunt, 


Tilghman, 
Walker, 


Irwin, 
Eittredge, 


Wing— 87. 



NAYS. 



Messrs. Carpentier, 


Messrs. Sime, 


Conness, ^ 


Snyder, 


Flower, 


Taylor, 


Heydenfeldt, 


Thomas, 


Pacheco, 


Wells, 


Bogers, 


Speaker— 12 



The bill was then read a third time, and on the question " Shall the 
bill now be passed '^" the ayes and nays were demanded, and the bill 
passed by the following vote : 



AYES. 



Messrs. Bostwick, 


Messrs. 


Mandeville, 


Canney, 




Meredith, 


Gardozo, 




McGandless, 


Crenshaw, 




McMeans, 


Estep, 




McMahon, 


Ewing, 




Moore, 


Gardner, 




Oliver, 


Hally, 




Owen, 


Herbert, 


I 


Proctor, 


Hoff, 




Beading, 


Hunt, 




Bogers, 


Irwin, 




Smith, 


Eittredge, 




Walker, 


Lee, 




Wing— 29. 


Letcher, 


SAYS. 




Messrs. Blake, 


Messrs. 


McFarland, 


Brush, 




Myres, 


Gabaniss, 




Pacfaeoo, 



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JAaastm, OnpwAtty '■ HeMik Sime, i > 

Conness, Suvder, ^ 

CovamiUiB, -IPaylor, 

Faorfax, Tbbniitt, 

Flower, « OSIghiiiAn, v/ 

SurrifldD, ' Weilh, 

Heydenfeldt, •• 'Sfieakei^lv' 

On motion of Mr. Crenshaw, the Clerk was ordered to YepoH Ihe MIT 
imntediately to (he Ekmate. 

The foUowing message from the Senate was. received : 

Mr. Speaker : 

I am directed to inform the A^tnbty "rilat Ihe Senate pa$$ed, on the 
If th inst,, An Act to create in BSstbfiiW S6fctetyfor the State of California, 
as a substitute for Assen^blv Joint Resolution poncerhing the Historiciir 
Society of the State of Oalifomii, formed tftiderthe law cblic^fning Cor- 
porations; ' ^ " 

And passed yesterday An Act to order a Special Election in the county 
of Colusi; 

And Assembly bill for An Act amendatory of an Act to authorize Wil- 
liam Moody and Morgan Haft (o build a Wharf in the coilhty of 'Solano, 
pa^ed May 3, 16S>3 ; 

And An Act to prevent the use of false Stamps and Lafb^ls ; 

And passed this day a bill for An Act for the relief of W. Neil Walton. 

A. C. BRADFORD, 

Seeretary Senate. 
February 19, 1853; 

Senate bill for An Act to create a Historical Society for the State of 
California, as a substitute for Asseisffoly Joint Resolution on the same sub- 
ject, was then read a first and second time aud referred to the Conmiittee 
on Education. 

Mr. Bostwick, from the Joint Committee on Enrolled fiiU^^ reported as 
correctly enroHel' An Act to authorize the Funding of the Dlebt of Tuol- 
nmne county, and to provide for the payment of the sameu 

Senate bill for An Act to authorize a Special Election m the county of 
Colusi, was read a first time and laid on the table. 

Senate bill for Aa Act to prevent the use of false StamiDls and Labels, 
was then read a first aofd second time and referred to the judiciary Com- 
mittee. 

Senate bill for An Act for the relief of W. Neil Walton^ was then read 
a fin«t and second, time and referred to the. Comniittee on Claims. 

A message ^iras received from the Governor informing tlje Assembly 
that he had this day approved An Act to authorize the Funding the Debt 
of the county of Tuolumne, and to provide for the payment of the same. 

Mr. Crenshaw gave notice that be rwould^, on Wednesday jneJ^t, ot at an 



•22 



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iTO 



[SATUEDAar, 



early day thereafter, introdnee'a bill appointing a CorafDisdioQerf to per* 
form certain acts in 'relation to the Pacific Railroad. 

On motion of Mr^ Wing, the bill for An Act to ameod the third section 
of an act entitled an .Act to regulate Fees in Office, passed May 1, 1861, 
was taken up, read a third time and passod. 

Mr. McC^andless gave notice that he would, at an early ^y, introduce 
a bill for the Maine Liquor Law. • 

Mr. Wells introduced a Joint Resolution instructing our Senators, and 
requesting our Representatives in Congress, in relation to the Donation of 
the Public Lands. 

Which was read a first and second time, and referosd to (he Con^mittee- 
on Federal Relations. . ^. .,,' . 

Mr. Cabaniss submitted a Concurrent Resolution in relation to 
Boundary Line between this State arid Oregon. ' » . 

Which was read, and, on motion of Mr. Cardozo, laid on the table. 

.M|r. Conness moved to i^ljpurn imtil M9nday, at 2 o'clock, P« M. 

Mr. IJeyd^feldt moved to amend. by. j^tprikfng ouit "Mopdffy," and 
sorting " Wednesday.", ., . . m t,,.. ; . • 

On which, the ayes and iiiays were dein^ded^ aa4 the House refuse^ 
to strike out and insert, by the following vote : 



the 



m* 



ATES. 



Me^^rs, Canney, 


Messrs. Meredith, 


Carpentier, 


McMabon, ; 


CardcKBo, . 


, ^ Myres, 


/. . Cre^isbaw, . 


Pacheco, 


Estep, 


Proctor, 


; Herbert, ^ ,/ 


Reading, 


Heydenfeldt, 


Sime, 


Hunt, 


Smith, 


Martin, 


Tayloiw-18. 


i 


lC.AT8i . 


1 - • ••5 

Messrs. Blake, 


Messrs. Letcher, 


Bostwick, 


Mandeville, 


Brush, 


McCandless, 


Cabaniss, 


McFarland, 


Coimess, 


-T ' ' « McMeans, 


Covarrubias, 


ii • '^Owen, 1 


Floy«i», 


i .'v-.j, Rbgew, 


Gardtofer, 


' Snyder, 


Hally, 


Thomas, 


Harrison, ' ' 


■ " Wells, 


Hoff, ''' ' 


'- ' ' Wilson, 


Irwin, ^ '' ' 


-* '^ Wing-^2*. 


'Kitlircdge, 


.); 1 ■ :; ... ,• ^ 



Mr. Pachedb moved a call of the Hotise. 



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B!rb3 1».3j 



an 



Which was sustained, andjOntbeooll being called, the following mem- 
bers were absent : 

Messrs. Ewi;]g;vFaii&x, Knight, Lee, Leake, Moore,. 01ili(^r,^ilgWinan, 
TValker, Yei^eni .arfd Mr. Speaker. v .' J 

Messrs. Moore, ;fiwitig, Oliver, Fairfax, Speakwy and/Iiee, appeared, 
and were admitted, tQi:tike their seats. . l ' 

Mr. Reading aiov«d*to adjourn until Wednesdayya,t;13 Otlock, M. 

On which thp ftyes.and nays were demanded, and were decided in the 
negative by the Tollqwiag vote: .,- i 



ATBS. 



Messrs. Qwmag^^ . 
Garpentier^ 
Cardozoj 
CrenshaTr, 
Estep, 

Ewiftgt r, :- 

Fairfax, 
Herbiert,- . 
Heydenfel4t, 
Hunt,. * . , 
Lee, 
Martan, 



Messrs. Meredith, . < 
McMahop, 
Myres, 
Pacheco, 
Proctor, ' 
Readpg,, ^ 
Sime, 
Smitb, ' „. i 

lilghjnaDy j 
Wm^23.^ 



NATS. 



Messrs. Blake^ ' 
jBostwick, . 
Brust, 
Cabaniss, 
Qono^ss,^ ; 
Covarrubias, 
Flower, 
Gardner, 

Harrisbi^, 

Lrwin, . 

Eittr^dg^^. 
Letcher, 



i/ 



Messrs. Matadoyi^e^ 
McGai>4lesE|, 
McFarland, 

' Oven, 

Rogers, 
Snyder, 

Wens,: ' - 

Wilson, ' 
Speaker^27. 



'.IK/'l! 



J 1/ 



Mr. Reading moved to adjourn until Wednesday,'itl3f* o'clock, A. M. 

On which the ayes and nays were demanded; ana d&idjdd in the neg» 
ative by the following yote : 



'or^iii. i 



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lt2 [ipirtJBiMfr, 


1.. ■.■. , 


. • ArSi« ' . :/,' 


A, Mmt8.m$k^, 


1 Measnu Meredith,. •* 


Canney, 


. . . ' McBCahoD, > > 


OeofBtkiiav^ 


M Myves, 


Cardozo, 


Paoheco, 


OrenslMWiF, 


: Ptootor, 'J 


. :i . Ewing, 


Readingi « 


Fairfax, 


ffime, 


Herbert, 


Smith, 


Heydenfeldt, 


<•: ' Taylor, 


Hunt, 


Tilghman, 


^^'./■. 


Win^i^aS. -' - 


Mftrtih^ 




^ 


RATS. 


Mesara. BostwiJek, 


Messrs. Ma^deT^Ie.,. 


Brush, / 


McGandfeiss^ 


Counes^: ' 
CovarruDiaa, 


McMejps,^ 
Moore, 


FlDWdt> 


Oliver,' • 


a^urdnoi'. 


Owen, ' 


HaUy, 


Rogewr, 


Harrison, 


Snyder, 


Hoff, 


Thomas, 


^V;r •^"' 


Wells, 
WUsoir, 


£ete|feij 


Speaker— 24. 



Mr. Blake nibveii tti adioum. 

On which the ayear Bnd nays were demanded, ai)(jp reinill^ as follows : 



ATE8. 



Messrs. Blak^ ^ 

Brush) ' /. 

^Conriifss^" 

"'CovitTiiSid, 

Flower, 



•jj'h 



fi( 



lofl, 
Irwm, 
Eittredge, 
Lee, 
Letehw, 



Messrs. Mande.ViH^,^ 



McMeaiDB^I 
Moore, ' ' 
Oliver,/ . 
Owen,' 

' Pacheco, 



Bogergj 



, Snyder, ' . . 
'"Thomas, '' 

WellB, 

Wilson, 

Speaker— -27« 



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ftaifcia] ,ii"r3 

MoBBra. CiBim^j, , HfofaiMi. .McMabm, 

Carpentier, Myrea^ 

ObMDshaw,. Beading^ 

FmboLj Sime, .' 

HtfriaoB^' .. ..'^, ■ . i8mi&^ 

Herbert, Tayfor^ 

Hunt, : . Tilgfamanv^ 

Mattiiiy Wing-r-17. > 

Merecy^y - / i , • 

So the House adjourDed imtU Monday nest, at ll' ofelock. A* M. 



HOUSE OF ASSEMBLY. 



Monday, Pebnwry 21, 1858. 

The House met pHrQuant to adjoumment. 

The Speaker in the chair. 

The roll was caUed by the Clerk, and the following members were ab- 
sent : — ^Messrs^ Blf^ uarpentier, Cardozo, Ewing, Fair&Xj, Giarfield, Hunt, 
Irwin, Johnson, Knight, Martin, Meredith, McMahon, Pacheco, Proctor, 
fieadmg, Robinson, oime. Smith, XiQslcr, ^Ighman and Wing. 

The Journal of Saturday last was read and approved. 

On motion, leaye of Sibsffno^ was granted to Mr. Meredith for ono day. 

Leave of absencei W4S also granted to Mr. Smith for one day. 

Mr. McCandlesdi looked that Mr. Proctor have leavo oS absence for one 
day. 

Which was not agreied to. , . ' 

Mr. Ganney DM>f q4 4tiat no member be allowed to. go without ike bar 
without leaTQ of th# House. 

The Speaker decided the motion to be out of ordc^^ 

Mr. Canney appealed from the decision. 

Xh^ questio* w^ thui^^^vSlMJl 4be ddoision of the . Chaiv st&nd..a8-tiie 
0piniw of tkii H^^se V\ mA the deeision wiu^austaiiied. 
' Mr. Brush asked leave of absence for ouef day for Mr; MeMafaeiii. 

Which was notgnuuMn . ^ . 

Mr. Canney moved a call of the House, which was sustained ; and, 



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^ 174 . [MOMDAT^ 

On the roll being called, the foUowing members were absent : — Messrs. 
Blake, Carpentier, Gardozo, Ewing, Fanrfax, Hant, Irwin, Johnson, Enighty 
Martin, McCandless, McMBhon, JPacheco, Proctor, Reading, Bobinson^ 
Sime, Smith, Tajlor, Gnighman and Wing. 

On motion, further proceedings under the call were dispensed with. 

Mr. Crenshaw, from the Committee on Claims, to whoxn*was referred 
Assembly bill for An Act for the relief of E. J. Osborne, reported the same 
back with a substiitute, and recommended its passage. 

The House then adopted the substitute ; and. 

On motion, went into committee of the whole, (Mr. Canney'in the chair ,]) 
on the bill ; and having considered the same, rose, reported it back without 
amendment, and recommended its passage. 

The bill was then read a third time and passed. • ' 

Mr. Conness submitted the following resolution, which was read : 

Resolved^ That hereafter the regular meeting 'of this House shall be 10 
o'clock, A. M., until otherwise ordered. ^ 

Mr. Cannev moved to la;, the resolution on the table. 
On which the ayes and nays were demanded, and it was decided 'in the 
affirmative by the following vote : / 

AYBS. 



Messrs. Brush, 


Messrs. Heydenfeldt, 


Canney, 


Lee, 


Covarrubias, 


McMahon, 


• Crenshaw, • 


McMeans, 


Estep, 


Moore, 


Flower, 


•••■'■•• - 'MyreB, =•' • -' 


Gardner, 


....... ^'- 


Harrison,' 


Herbert, ^ 


Ywse^-lS. 




•' -'NA-ys.^- ' ' ' ■ ' !' '•'•- 


Messrs.'-Bpstwick, 


Messrs; Oliver, 


Gabaniss, ^^ 


' Owen,' 


Conness, *^ ' 


Bedding, • 


Hally, 


Snyder, 


Hoff,^ 


^omas. 


Eittredge, • 


• - Walker, 


Letcher, 


Speaker— 16. 



Mandeville, ' ■ 

tSenate bill for An Act to prevent ilie eetablishinent of Pest Hotises in 
any town or city in this State, was then tead a gecdnd time^aiMiTefcfrred to 
&e Comimttee on Oorpotations; > . ^ . . 

Mr. Heydenfeldt submitted the following resoluiion': •> ' / 



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Kiir2L] 178 

Be$olvedj That when the Home r«djoinii ibis day, it acQotim to meeA at 
ibe usual hour on Wednesday neit; . ; < • 

Which was adopted. 

Assembly bill for An Act to provide for the removal, in certain cases of 
criminal prosecution, from the Courts of Sessions to the District Courts, was 
taken up, and, on motion of Mr. Conness, recommitted to the Judiciary 
Comnnttee. 

Assembly bill for An Act to amend the eighty-seventh section of 'an Act 
entitled an Act concerning the Courts of Justice of this State and Judicial 
Officers, approved March 11th, 1851 ; 

And to repeal An Act amendatory thereof, approved May 3d, 1852, 

Was then taken up, and, on motion of Mr. Crenshaw, recommitted to the 
Judiciary Committee. 

Mr. Snyder, agreeably to, notice, introduced a^bill for An Act to provide 
for the measuremeni of Goods. ' 

Which was read a first and £^ond time, and referred to the Committee 
on Commerce. 

A communication was received from the Attorney* General of this State, 
in answer to a resolution of this House requesting certain information of 
tiiat officer in relation to the Beach and Water Property of San Francisco. 
(See Appendix No. 19.) 

Which was read and laid on the tM^^ ^ , 

Mr. Herbert, agneeably to notice, intcoduced'a bill for An Act to submit 
to tke legal and qualified voters of Tulare bounty, at the next general elec- 
tion, the permanent location of the seat .of justice of said county: 

Which was read a first time, the rules: suspended, iib v^as then read a third 
lame, and refecred'to the members &om Mariposa and Tulare counties. 

Mr. Oliver submitted the following resolatiob;, which was read : 

Sesrived, That the Clerk of the Assembly be^i and is hereby authorized 
to eaq>loy such additional assistance to may be necessary to transact the 
accumulating business of this House; i 



-o 



Mr. Wells submitted the following as a substitute : 

Jtesolvedy That when the Chief Clerk of- the Hou^e is aware that any of 
tke x^lerks employed by him are absent, and their, services are needed, hd 
be allowed to employ otiier or others in their plaoe ;. and that the fees of 
office be not allowed to absent clerk during their absence. Farther, that 
when all the clerks employed by the Chief Clerk are present, and othr 
era are iieeded, in consequence cf the psess of business, thie Chief Clerk be 
allowed to employ others m addition. 

' • ' '■■.'/.■■; 

Mr. Cabaniss submitted the following as a substitute : 

ReeolvecL, That, the Chief Clerk be authorised to demand the services of 
any clerk or clerks of the several committees for at least three hours. during 
the day, when the said committee clerk is not employed by ooaunitlee* busi* 



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176 [WKWjrisiiAY; 

On motion of Mir. Bragh,' Hat wtude: voAtker ims liid m tlie table. 
On motion of Mr. Oliver, the House adjourned until Wednesday, ai 11 
o'clock, A. M. 



HOUSE OF A'SSEMBLT. 



Wbdmsi^ay, February 28, 186a. 

' .... " . . »i 

House met pursnaat to adjournment ' 

The Speaker in the chair. 

The roll was called bjthe Clerk,^.and the fojllowing members were absent 
without leave : Messrs. Bell^ CaiDmey/Carhart, Carpentier, Ewing, Faiitfkx, 
Flower, Qurdner, Herbert,' Heydenfeldi, Hoff, Irwin, Johnson, Kmght^ Lee, 
Leake, McCandless, McGarry, McMeans, Moore, Myres, Piftcbeoo, Beading 
of Trinity, Smith, Tilghman, Wilson, Wing, and Yeiser. 

On motion, Messrs. Ewing, Irwin, Johnson, Leake, McMeans, amd Sndtb, 
each were granted leave of 4ibseBce for one day. 

Mr. Crenshaw, &om the Comnuttee on Claims, to whom was referred 
AssembljF-bill for An Act requiring the Comptroller to draw his watrant in 
favor of Beverly C. Saundei^, reported the same back with a 4rabetitute, en-* 
titled An Act for the relief of Beverly C. Saunders. 

On motion, the substitute was adopted, and laid on the table. 

Mr. Conness moved a call of the House, which was sustained,' and on fhe 
roll being called, the foUowing'members were absent without leave : Messrs. 
Bell, Canney, Carhart, Garpentier, Fairfax, Flower, Gardner, Herbert, 
Heydenfeldt, Hoff, Knight, Lee, McCandless, McGharry, Moore, Myree, 
Pacheco, Reading of Trinity, Tilghman, Wilson, Wing, and Yeiser. . 

On motion, the Sergeant- at- Arms was dispatched to bring in the al>^ 
sentees. 

Mr. Reading appeared at the bar of the House, was ^admitted, andtoofk' 
his seat. 

On motion of Mr. Wells, further proceedings under the call were dis- 
pensed with. 

A message was received from the Governor, transmitting a copy of a 
communication from J. C. G. Kennedy^ Superintendent of Unked States 
Census, in reference to the embodiment and publication of the census re- 
turns of California, f 

Which, with the copy of the communication, (see Senate Appendix, Ne>. 



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Feb. 23.] 



177 



mSi) was read, and, on motion of Mr. Crenshaw, referred to the GommitUe 
on Federal Relations. 

Mr. Thomas, from the Committee on Engrossed Bills, reported as cor- 
rectly engrossed, An Act for the relief of E. J. Osborn. 

Also, An Act to amend the third section of an Act entitled an Act to 
legalate fees in office, passed May 1, 1851 ; and the report was adopted. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
oorrectlj enrolled, An Act amendatory of an Act to aathorize Wm. Moody 
and Morgan Hart to build a wharf in the county of Solano, passed May 8, 
1852, and the report was adopted. 

Mr. McFarland, from the Gommittoe on State Hospitals, to whom was 
referred Assembly bill for An Act to establish an Asylum for the Insane, 
reported the same back with a substitute, under a similar title, and recom- 
mended its passage. 

On motion, the substitute was adopted, laid on the table, and two hundred 
and forty copies ordered printed. 

Mr. Blake submitted the following resolution, which was read : 

Resohedy That two ihonaand copies of liie speech delivered by General 
Lewis Cass in the United States Senate, December 23, 1852, on the Tri- 
partite Guban Gonvention, be printed for the use of the members of the As- 
sembly. 

Mr. Gonness moved to lay the resolution on the table, and demanded the 
ayes and nays, with the following result : 

ATBS. 



Messrs. Blake, 


Messrs 


Meredith, 


Bostwi«k, 




McFarland, 


Brush, 


1 


McMahon, 


Gabaniss, 




OHver, 


Gonness, 




Owen, 


Govarrubias, 




Reading, 


Grenshaw, 




Bedding, 


Estep, 




Robinson, 


Hally, 




Rogers, 


Harrison, 




Sime, 


Hunt, 




Taylor, 


, Letcher, 




Thomas, 


Mandeville, 




Walker, 


Martin, 


KATS; 


Speaker— 28 


Messrs. Catdozo, 


Messrs 


. Siyder, 


Kittredge, 




. Wells— 4. 



So the reselntion was hkid on {he taUe. 



•28 



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178 [Thuesday, 

Mr. Thomas presented the petition of citizens of Butte county, pra^g 
for the removal of the seat of justice of said county from its present location 
to Bidwell's Bar in said county. 

Which was read, and on modon, referred to the members from that 
county. 

On motion, the House adjourned. 



HOUSE OF ASSEMBLY. 

Thtosday, February 24, 1858. 

House met pursuant to adjournment. 

The Speaker in the chair. 

The roll was called by the Clerk and the following members were absent : 
Messrs. Carhart, Estep, Fairfax, Irwin, Leake, McCandless, McGarry, 
McMeans, Oliver and Smith. 

The Journal of Wednesday last was read, and approved. 

Mr. Heydenfeldt presented the petition of 0. S. Wetherby praying for 
relief. 

Which was read and referred to the Committee on Claims. 

Mr. Johnson presented the petition of citizens of Sacramento, praying 
that certain moneys forfeited on the bond of Fanny Smith or Seymour be 
paid to Albert Putnam* 

Which was read and referred to the Judiciary Committee. 

Mr. Wing presented the memorial of certainr citizens purchasers of cei^ 
tain water lot property in the city of San Francisco. (See Senate Appen- 
dix, No. 28.) 

Which was read and referred to the special committee of five, appointed 
to examine and report as to the expediency of extending the city front of 
San Francisco, and two hundred and forty copies ordered printed. 

Mr. Knight presented the petition of certain citizens of Stockton, praying 
the Legislature to fix by law, the head of Navigation of Stockton Channel, 
in said city, at Hunter Street. 

Which was read and referred to the Committee on Commerce. 

Mr. Sime presented the petition of citizens of San Francisco, remonstrat- 
bg against the passage of a law compelling the Measurement of Goods. 

WUch was read and referred to the Committee on Commerce. 



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Pbb. 24.] 179 

Mr. Proctor presented the petition of James P. Goodall, and others, pray- 
ing for a charter for the " Greenhorn Race and Water Company." 

Which was read and referred to the Committee on Mines and Mining In- 
terests. 

Mr. Martin presented the petition of citizens of Eureka, praying for a 
law confirming certain deeds executed by Isaac Wilson. 

Which was read, and referred to the Committee on Public Lands. 

Mr. Martin presented the petition of citizens of the town of Union, pray- 
ing for a law confirming certain deeds executed by the proprietors of said 
town. 

Which was read, and referred to the Committee on Public Lands. 

Mr. Hunt presented the petition of citizens of Los Angeles, praying for 
the erection of a new county out of certain territory now belonging to that 
county. 

Which was read, and referred to the Committee on Counties and County 
Boundaries. 

Mr. Crenshaw, from the Committee on Claims, to whom was referred the 
petition of J. D. Hoppe and, also the bill for An Act for the relief of J. D. 
Hoppe, reported the same back, with a substitute for the bill under a simi- 
lar title. ^ 

Which was adopted and laid over. 

Mr. McMeans, from the Committee on Ways and Means, submitted the 
foDowing report. 

Which was read, and two hundred and forty copies printed. (State Fi- 
nances. See Appendix, No. 20.) 

Assembly bill for An Act to amend an Act entitled an Act to Fund the In- 
debtedness of the State, which has accrued or may accrue, from April the 
twenty-ninth, eighteen hundred and fifty-one, to December thirty-first, 
eighteen hundred and fifty-two, inclusive, and to provide for the payment 
of three per cent. Bonds, was then read a first time, and two hundred and 
fortv copies ordered printed. 

Assembly bill for An Act to amend an Act entitled an Act to provide for 
the assessing and collecting the Public Revenue, approved April 23, 1852 ; 
was then read a first time, and two hundred and forty copies ordered if) be 
printed. 

A communication was received from the Secretary of the Senate, trans- 
mitting all the papers in the contested election case of J. W. Robinson vs, 
D. B. Kurtz of the Senate, and J. W. Robinson vs. W. F. Tilghman of the 



Which was read, and with the accompanying papers, referred to the Com- 
mittee on Elections* 

A message was received from the Senate, informing the Assembly that 
they did, om the 19th instant, indefinitely postpone Assembly Concurrent 
Resolution condemning the proceeding of the Federal and Municipal Officers 
of San Francisco, in reference to a banquet given to the French Consul^ 
and passed 

Assembly bill for An Act for the relief of the steamer S. B. Wheeler. 

And did, on the 21st instant, pass An Act concerning repealed Statutes. 

And on the 234 instant, passed An Act to prevent Extortion under color 
of Office and to ^oroe (Mcial Buty. , ^ , 

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laO [Thurbdat, 

Senate bill for An Act coDcerning repealed 'Statutes, was then read a 
first and second time, and referred to the Judiciary Committee. 

Senate bill for an Act to prevent Extortion under color of Office and to 
enforce Official Duty, was then read a first and second time, and referred 
to the Judiciary Committee. 

Mr. Kittredge, from the Committee on Agriculture, to whom was rdfer- 
red An Act to am^d an Act entitled an Act for the Protection of Game, 
reported the same back, recommendiqg its indefinite postponement. 

The report and bill were laid on the table. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported that 
they had, this day, presented to the Governor for his approval, An Act to 
amend an Act entitled an Act to authorize William Moody and Morgan 
Hart to build a Wharf in the county of Solano, passed May 3, 1862. 

Mr. Flower presented the Annual Report of the Trustees of the State 
Marine Hospital of San Francisco. (See Appendix, Ko. 21.) 

Which was read, and one thousand copies ordered printed. 

Mr. Brush submitted the following resolution, which was adopted: 

Rewlved, That two hundred and forty c(^ies of all bills introduced m this 
House shall be^ printed, unless otherwise Ordered by the Assembly. 

Mr. Brush submitted the following resolufion, wUch was adopted: 

Resolved^ That the Committee on Clsdms be instructed to wait upon the 
Governor, and inquire whether there is any recordof an order issued by the 
late Gov. J. McDougal, for fittmg up a steamer, to take troops down the 
coast to quell Indian insurrections, upon which is based tlie claim of Beverly 
C. Saunders. 

Mr. Taylor submitted the following resolution: 

Besohed^ That the regular hour for meeting of this House, shall be at 
10 o'clock, A. M,, until otherwise ordered. 

Mr. Canney moved to lay the resolution on the table. 
On which Uie ayes and nays were demanded, and the resolution was lost 
by the following vote ; 

AYES. 



Messrs. Blake, 


Messrs. Moore, 


Canney, 


Oliver, 


Gardozo, 


Proctor, 


Fairfax, 


Beading, 


Gardner, 


Robinson, 


Heydenfeldt, 


Rogers, 


Johnson, 


Tilgbman, 


Kittredge, 


Wells, 


Lee, 


Wing, 


Martin, 


Teller— 81. 


Mimdidi, 





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FsB. 24] 



161 



NATS. 



MeMTS. Boetwick, 


Messrs. Letoher, 


Brush, 


Mandeville, 


Gabaniss, 


McFarland, 


Coazi6'38, 


McMahon, 


Covarrobiaa, 


Myres, 


Crenshaw, 


Owen, 


Bwing, 


Paoheoo, 


Hally, 


Bedding., 


Hanison, 


Sime, 


Hoff, 


Snyder, 


Hunt, 


Taylor, 


Knight, 


Thomas— 24, 



The qnestion then being on the adoption of the resolution. 
The ayes and nays were demanded, a^d tiie Hoaae refused to adopt by 
the following vote : 



AXE9. 



Messrs. Bostwick, 


Messrs. Mandeville, 


Brush, 


McFarland, 


Cabaniss, 


Owen, 


Conness, 


Paoheco, 


Ewing, 


Bedding, 


HaUy, 


Rogers, 


Harrison, 


Sime, 


Hoff, 


Snyder, 


Hunt, 


Taylor, 


Eittredge, 


Walker, 


Letcher, 


Speaker— 22. 




WAY«. 


Messrs. Bell, 


Messrs. Martin, 


Blake, 


Meredith, 


Canney, 


McMahon, 


Gardozo, 


^ Moore, 


Govarrubias, 


Myres, 


Grenshaw, 


OUver, 


Fairfax, 


• Proctor, 


Flower, 


Beading, 


Gardner, 


Bobinson, 


Herbert, 


Thomas, 


Heydenfeldt, 


Tilghman, 


Johnson^ 


We Is, 


Knight, 


Wmg, 


tee, 


Teiser— 28. 



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182 [Thuesdat, 

Mr. Herbert, from the select committee to whom was referred the bill for An 
Act to submit to the legat and qualified voters of Tulare county, at the next 
general election, the permanent location of the seat of justice of said county, 
reported the same back without amendment, and recpmmended its passage. 

The bill was then considered engrossed, read a third time, and passed. 

Mr. Snyder introduced a bill for An Act to abolish the Superior Court of 
the City of San Francisco, to repeal certain laws relative thereto, and to 
provide for the transfer of the records and proceedings of the said Courts ; 

Which was read a first and second time, and referred to the members 
from San Francisco. 

Mr. Redding submitted the following report, which was adopted : 

Mr, Speaker: 

The Committee of Conference, appointed for the purpose of conferring 
with the Senate Committee, on the disagreeing vote of the Senate to the 
resolution appointing a committee of nine on the apportionment of the Sena- 
torial and Representative Districts, respectfully beg leave to report : 

The Joint Committee would recommend that the present Committee on 
Apportionment be excused from further service, and that a committee of six 
be appointed on the part of the House. 

B. B. REDDING, 
JOHN J. HOFF. 

Mr. Blake gave notice that he would, on to-morrow, or at an early day 
thereafter, introduce a bill for the creation of an officer for the inspection of 
lumber. 

Mr. Meredith introduced a bill for An Act to limit the hours of labor ; 

Which was read a first and second time, and referred to a select commit- 
tee of five. 

The Chair appointed Messrs. Thomas, Meredith, Sime, Owen, and McMa- 
hon, as such committee. 

Mr. Heydenfeldt introduced a bill for An Act to amend an Act concern- 
ing the Courts of Justice of this State and Judicial Officers, passed March 
11, 1851 ; 

Which was read a first and second time, and referred to the Committee 
on Roads and Highways. 

Mr. Herbert gave notice that he would, on to-morrow, or an early day 
thereafter, introduce a bill to regulate and establish the fees of jurors in and 
for Mariposa county. 

Mr. Hally gave notice thaf he would, on to-morrow, or an early day 
thereafter, uitroduce a bill to suppress certedn species of gaming known as 
ABC game ; also, all games played with dice, French monte, the strap 
game, &c. 

On motion of Mr. Canney, Mr. Bell was added to the Joint Committee on 
the apportionment of the Senatorial and Assembly districts of this State. 

On motion of Mr. Johnson, Mr. Canney was also added to the same com- 
mittee. 

Mr. Johnson moved to reconsider the vote concurring in the report of the 



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Feb. 24] 



183 



oommittee of oonfereDce on the disagreeing vote of the two Houses on the 
resolution to appoint a joint committee for the purpose of apportioning the 
State into Senatorial and Assembly Districts. 

Which was agreed to. 

The question then again recurring on concurring in the report of the com- 
mittee, the House refused to concur. 

Mr. Bostwick introduced a bill for An Act to amend the Act to regulate 
proceedings in civil cases in Courts of Justice of the State of GaJifomia, in 
respect to appeals from Justice Courts in certiun cases. 

Which was read a first and second tune, and referred to the Judiciary 
Committee. 

On motion of Mr. Oliver, the Assembly resolution empowering the Clerk 
to employ assistance, was taken from the table. 

Mr. Cabaniss submitted, as a substitute, a resolution empowering the 
Clerk to employ clerk of committee of this House. 

And on the question of its adoption, the ayes and nays were demanded, 
and the House refused to adopt the substitute by the following vote : 

AYB6. 



Messrs. Blake, 


Messrs. Mandeville, 


Cabaniss, 


Martin, 


Covarrubias, 


Owen, 


Ewing, 


Paoheco, 


Hally, 


Reading, 


Hoff, 


Robinson, 


Johnson, 


Sime, 


Knight, 


Taylor, 


Letcher, 


Speaker— 18 




NAYS. 


Messrs. Bell, 


Messrs. McFai'land, 


Brush, 


McMahon, 


Canney, 


Moore, 


Conness, 


Myres, 


Cardozo, 


Oliver, 


Crenshaw, 


Proctor, 


Fairfax, 


Redding, 


Gardner, 


Rogers, 


Harrison, 


Thomas, 


Herbert, 


Tilghman, 


Heydenfeldt, 


Walker, 


Hunt, 


Wells, 


Kittredge, 


Wing, 


Lee, 


Yeiser— 29. 


Meredith, 





Mr. McFarland then submitted a substitute, which was laid on the table. 
The question then recurring on the adoption of the original resolution, 

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1«4 



[THUflflDAY, 



ihe ajee and nays were demanded, and the House tefnfled to adopt bjttte 
following yote : 



ATBS. 



Messrs. Bell, 


Messrs. Meredith, 


Canney, 


McMahon, 


CardoBO, 


Moore, 


Crenshaw, 


Myres, 


* Fairfax, 


Oliver, 


Gardner, 


Proctor, 


Harrison, 


Eogers, 


Herbert, 


Thomas, 


Heydenfeldt, 


Tilghman, 


Hunt, 


Walker, 


Eittredge, 


Wells, 


Lee, 


Yeisep— 24. 




KAYS. 


Bifessrs* Blake, 


Messrs. Mariin, 


Bostwick, 


MoFarland, 


Brush, 


Gwen, 


Cabaniss, 


Pacheco, 


Conness, 


Reading, 


Covarrubias, 


Redding, 


Ewing, 


Robinson, 


Hally, 


Sime, 


Hoff, 


Snyder, 


Johnson, 


Taylor, 


Knight, 


Wing, 


Letcher, 


Speaker— 25, 


Mandeville, 





Mr. Canney submitted a resolution requiring the Speaker to close the 
doors during a call of the House. 

Which was decided to be not in order. 

A message was received from the Governor, informing the Assembly that 
he had this day approved An Act amendatory of an Act to authorize Wm» 
Moody and Morgan Hart to build a Wharf in the county of Solano. 

On motion, the House adjourned. ^ 



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¥fiB. 24.] .185 



• ^^l 






HOUSE OF ASSEMBLY. 



Friday, February 26, 1858. i 

House met pursuant to adjournment. 

The Speaker in the chair. * 

The roll was called by the Clerk, and the following members were ah* 
sent: Mossr& Carhart, Heydenfeldc, Irwin, Leake, Meredith, McGerry, 
Myres, Smith, Tilghman and Wilson. ' 

On motion, Messrs. Myres and Estep were each granted leave for one 
day. 

The Journal of Thnrsday last was read and approved. 

Mr. Yeiser presented the petition of citizens df the city of Stockton, 
praying for the amendment of a law entitled An ACft declaring certain 
rivers or creeks navigable, by substituting the west side of El Dorado 
street, as the head oftiavigation in the Stockton slough. 

Which was read and referred to the Committee on Oomnierce. 

Mr. Wells, from the Committee on Corporation's, to whom was referred 
Senate bill for An Act to prevent the establishment of Pest Houses in any 
town or city in this State, reported the same back, and recommended its 



The bill was then read a third time, and on motion of Mr. Johnson, 
laid on the table. i 

Mr. Crenshaw, from flie Committee on Claims, reported that they had, 
in compliance with .a resolution passed this House ot\ the 24th instant, 
waited upon the Governor, and had been informed by him that no order 
is to he found recorded in the archives of the Exfculive .Department of 
this State, for tilting out a steamer to convey troops down the coast to 
quell Indian insurrections. 

Mr. Yeiser, from the Judiciary Committee, to whom was referred An 
Act to exempt the Honppstead and other property from forced sale in cer- 
tain cases, reported the same back, and recommended its indefinite post- 
ponement. 

The bill was then read a third time, and on motion of Mr. Johnson, 
indefinitely postponed. 

Mr. Yeiser, from the same committee, reported back Assembly bill for 
An Act to define the jurisdictipn of the District Court of the First Judicial 
District, with amendments, and recommended its passage. 

The amendments were adopted, a^ld the bill ordered engrossed on to- 
morrow. 

Mr. Yeiser, from the same committee, also reported back Senate bill 
for An Act to authorize a transfer of causes from the Superior Court of 
Saft Francisco, without amendment, and recommended its passage. 

The bill was then considered engrossed, read a third time and passed* 
#24 

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1B6 



.[^H>AT, 



On motion of Mr. Taylor, the Clerk was ordered to report the bill im- 
mediately to the Senate. 

Mr. Gardner, from the Committee on Mines and Mining Interests, re- 
ported back the petition of James P. Good ill and others, for the incorpora- 
tion of the Greenhorn Race and Water Company, and recommended that 
the prayer of petitioners he denied. 

Mr. Host wick, fiom the Joint Cbmm'ktecoh fitirolled Bills, reported as 
correctly enrolled An Act for the relief of j^teamer S. B. Wheeler. 

Mr. Snyder, fiom a majority of the San Francisco delegation, reported 
bactcthe.BUl for An Actto be entitled an Act to abolish the Superior 
Court of the city of San Francisco, and recommended its passage. 

Mr. Flower moved to lay the report oja the table. 

On which the ayes and nays were demandied, and it was decided in 
tlie negative by \Xie fqllowiog vote : 



AY^. 



Messrs. 



•Messirs. 



Cabaniss, 


Messrs. Martin, 


Canary, . 
CovarruibiaSi . 


McFarland, 
Proctor, 


Flower^ 

Hally, 

HarriaoQ^ 


Readiog, 

RobinBoUy 

Sime, 


Johneon, 
'KQighb, . 
Letclier, ' 


Taylor 

Walker, 

Wella, 


MandeTUle, 


Wing--*20. 


1 , 


KAirs. 


Bell, 
Bostwick, 


iftiossrs. Kittredge, 
Lee, 


Brn&h, 


Meredith, 


Carpeniier, 
Conness, 


McCandless,,/ 
McMahon, 


Cardozo, 


Owen, 


Crenshaw, 


Pacheco, 


Ewing, 
Herbert, 


Redding, 
Snyder, 


Heydenfeldt, 

Hoff, 

Hunt, 


Yeiser, 
Speaker— 2S. 



The bill was then amended, read a third time and passed. 

A communication was received from the Governor, transmitting a copy 
of a deed, executed on yesterday by the Mayor of the city c^f Benicia, con- 
veying to the State of California a conditional title to theVbuilding now 
occupied by the Legislattire, and the lot on which it is erected. (See 
Senate Appendix No. 27.) 

Which was read, and on motionteferred to the Committee on Public 
Buildings and Grounds. 

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FI9&2SL] 



m 



Mr. Canney subopdttiMl iIm £Dtt)wing resolution, W'bicsb W^ fi4^^ ' 

Resolved^ Thai th» Comptroller of State is hereby Required to transmit 
to this Houa^a.8<9teDfient of the amount of revenue ns^mfdd since the 
end of the last fiscal yiear, and the amount paid by each county. 

JIrn Con«)««9 submtted &e foilQwing..r^olutiQt^,|WhJdh^ wft? ^Frt^4;- 

Me9olp$ck Thajt tlia.^nks Qiltbi^ Bpw^he tendesed to the cigent of 
Adams & Co., for faithful and courteous aU^tio^ ii^^.tti^ ^s^dy d?li,yery of 
expioesef maHof^ tiewspap^rsj.dpc, i . ^ to 

Mn Kktredge $ubmtted a respiutioB ordering five thousand popjiea of 
the Governor's message, and the Rqport of the Sacret^^y of State oiji i\i9 
ceasus of 1853^ which, the (foM$e refilled to adop^t. 

On inotiot) of Mr. Jphnison^.tha Hojuae Wf^irt kito^^oiji^piitteeof the who^Lo^ 
Mr. yfxmg in tbe chair, on .t(h^ consideration of An Act/or tbie relief, of 
Jacob D. Hoppe, and having considered^ the saogiey.ro^e au4 reported thi^ 
SGtfne bitf^k^Md a^ed to be dwitM^ng^d from fu^itther punsideraAiW of the 
mAttfor. 

Which was granted. 

The bill was tbea ipe^.^.tbird 4iine> aad o^ tba^qi^estiop '^iShaU the 
bill now be passed ?" 

The ayes and nays were demanded, and the bill was passeci \^y t^ fktr 
lowing vote : 



Messrs. Bostwick, 


M^s^^rct Lee,. 


GabunBs, 


tetoher,,. 


Garptotier, . 


Mandeville, 


Gonness, 


Martin, 


Gardozo^ 


. ^MoGaodlesa, 


GovarrubiaSy 


McFarland, 


CnaAm^ 


McMahon, 


Swing, 


McMeans, 


Flower, 


Qweik, 


Gardner, 


Proctor, 


• Hallr, 


Boadbg^ 


merbertf 


Bbbiiisoxi, 


HMtofi4<h, ' 


-••''■• Bime,' 


IJoff, 


Taylor, 


Joljinaon, 


-'' ' •■■'^•' •5b6«M»^- • 


KWgKt, 


1 


. I" J . 


ITATS. 


Messrs. Blake, 


Messrs, Paoheeo^ 


Brush, . 


" ■ Bedding, 


Canxiey, ' 


■' ' • ■ Rogers, 


Hunt, 


Snyder, 



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IS8 [FftiDAy, 

%[6i»i«. Eittredge, Messrg. Wells, 

MerediA, Wing, • 

Moore,. Teiser, a 

Oliver, Speaker— 16. 

The following communication from the Secretary of State was re- 
ceived^ relative to the printed copy of Statute^ of 1852. (See Appendix 
Jfo. 22.) 

Mr. Conriess gave notice that he iHFoaMj on tOHnorrow, ctferBm amend- 
ttetit to the Forty-fourth Rule. 

Mr. Blake gave notice that, on a future dav, he would introduce a l)itl 
to provide for Proceedings by Attachment against the property of non- 
residents and absconding debtors, ibif debts that accrued previous to the 
passage of the Act of April 29th, !85L 

Mr. Thomas, from the Committee on Bnprossed Bilte, reported ae cor- 
rectly engrossed, An Act to submit to the legal and qualified Voters of 
Tulare CAjunty, at the next general election, the permanent location of 
the Seat of Justice of said County. 

' Mr. Bostwick, from the Joint Committee cm Enrolled Bills, reported, 
that they had this day presented to the Governor for his approval. An Act 
for the relief of the steamer S. B. Wheeler. 
•' The following message was received froti^the Senate :- 

M'.Speakef: <• 

I am directed to inform the Assembly that the Senate, yesterday, con- 
curred in the report of the committee of conference on the organization 
of a joint select committee of the two Houses, on the apportionment of 
the Senatorial and Assembly Districts ; 

And passed, o^'fhe 24th inst.. a Joint Resolution on the subject of the 
distribution, by Congress, of the Maps and Charts of Capt. Cadwallader 
Ringgold ; 

And on the 84tb inst., a Joint Resolution in relation to the War Debt. 

A. C. BRADFORD, 

Secretary of the Senate. 
25th February, 186a 

Senate JointgRosolution on the subject of the distribution^ |)y Congress, 
of the Maps and Cbiurtt^ of Capt. Cadwallader RinggQ^, was then read a 
first and second timQ, the rules suspended, it waa ce^ a third time and 



Senate Joint Rewlution in relation to the War Debt was then taken up, 
read a first and second time, the rules suspended, it wa? then read a third 
time and passed. 

Mr. Robinson introduced a bill for An Act to amend the act entitled an 
Act concerning ihe Salary of Officers and Pay of Members of the Legis- 
lature, approved May 4thj 1862: 

Which was read a first time, and laid over under the rulj^. 

Mr. Wing introduced a bill for An Act to repeal the. first section of an 



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Jeb. 25.J 



189 



Act entitled an Act appropriating moneys to meet the Contingent Expenses 
of Government, approved May 4th, 1852. 

Which was read a first time, and laid over under the rules. 

Mr. Kittredge introduced a bill for An Act for the destruction of certain 
noxious Animals. 

Which was read a first and second time, and referred to the committee 
of the whole House, and made the special order of the day for to-morrow 
*t one o'clock,. P. M. 

Mr. Heydenfeldt moved that a commit((ee of free conference be appoints 
ed, to consist of three members, to confer with a similar committee of the 
Senate on the subject of apportioning the State into Assembly and Sena- 
iorfed Districts. • r. ,; 

Which was agreed to. 

The Chair appointed as such comoiittee) Messrs. Heydenfeldt, Redding 
of Yuba, and Hoff. 

Mr. Owen introduced a bill for An Act to prevent hogs runnicig at large^ 
in this State. 

Which was read a first arul second time and n&red to the Committee 
on Agriculture. 

On motion of Mr. Robinson the two last bills introduced were ordered 
not to be printed. 

Mr. Hally moved a reconsideration of the vote of yesterday on the' 
adoption of the resolution ordering the printing of all bills introduced into 
this House. 

On which, the ayes and nays we*e demanded and the House refused 
to reconsider by the following vote : 



AYES. 



Messrs. Bostwiok, 


Messrs. Hally, 


CabanisSy 


McFarland, 


Canney, 


Owen, 


Carpentier, 


Wmg, 


Crenshaw, 


Speaker— 11. 


Estep, 






NATS. 


flftesBrs^ iSeti) 


Messrs. Martin, 


Blake, 


Meredith, 


Bnisfa, 


McCandless, 


' Connosa, 


< McMeans, 


Cardozo, 


Oliver, 


CovarrubiaS) 


Proctor, 


Ewing, 


Reading, 


Fairfat, 


Redding, 


Flower, 


Robinson, 


Gardner, 


Rogers, 


Harrison, 


Sime, 


Herbert, 


Snyder, 



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190 [SUWBDAX, 

Measrs. HeTdenfeldt, Mesws* Vnfjhvy 
Hoff, Thomas, 

Johnson, Tillman, 

Kittrodge, Walker, 

Lee, Wells, 

MancteviUe, ¥ei8ei>— 86« 

Assembly bill for An Act to amend an Act entitled an Act for the pio^ 
tediQn of game, was then taken up, considered, and ordered engitesed for 
a third reading. 

Mr. Hunt introduced a bill for Ad Act to regulate appeals from county 
Courts, Justices', Mayors' and Recorders' Courts, in the First indicial Di»- 
trictFi 

Which was read a first time, and laid ov^r iindier the rule. 

Mr. Redding introduced a bill for An Act prescribing the time at'whieh 
County and Township Officers shall enter upoi^ the denies of their offi- 
ces. 

Which wad read a first time and laad over under the role^. 

On motion, at two o'clock, P. Al., the House adjourned. 



HOUSE OF ASSEMBLY. 

Saturday, Febwwgy 26, 1863. 

House met pursuant to adjoummoot. 

The Speaker in the chair. 

The roll was called bjr the Clerk, and the following memtesi^ ^we ntwent : 
Messrs. Cabanias, Carhart, Estep, Heydenfeldt, Irwin, 1^0% Leake, Mere- 
dith, McMeaDfl) Moore, Smith, Thomas, Wilson, and T^rw 

On motion, leav^ of cdbsence was granted for one da^ ^»k to Messrs. Ea- 
tep, Irwin, McMeans, Smith, and Wilson. 

The Journal of Friday last was read and approved. 

Mr. Snyder preeepted a Joint Resolution of the ComiBOB Council of San 
Francisco, protesting against the extension of the city front of that city ; 

Which was read, and referred to the select committee to.i^hom was refer- 
red the subject of extending the front of said city. 

Mr. Crenshaw, froon the Committee on Claims, reported back the petition 
and claim of 0. S. Wettierby, and recommended th^t tbtgrj be referred to 
the Committee o& Indian Affidrs. 

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Fib. 26.] 191 

The report was advf^ed, and '&e petition «ad daim referred to the Com-* 
xnittee on Indian Affairs. 

Mr. Y'eiser, from the Judiciary Comnnttee, reported back Assenkbly bill 
tar An Act to anthorize County Reoordiersto adminiBter oaths, xnxh are- 
comoiendaitioci that the second sectkxi be stricken oat, and the biU passed. 

The faiU was then anModed, as recommended, and considered engrossed, 
read a third time, and passed. 

Mr. Yciser, from the same committee, also reported back Assetnbly biU 
for An Act te authorize the State Tressnrer. to bsne a duplicate sobool land 
warrant, and recommended its passage. 

The report wae adopted, and the bill coBcndered engrossed, read a tiiird 
time, and passed. 

Mr. Yeiser, from the ^same committGe, also reported back Aseemfbly biH 
for An Act to repeal an Act entitled an Act to create a Board of Super- 
Tisors for the counties of this State, and to define their duties and powers so 
far as it applies to the county of £1 Dorado, and Tecommended that it be 
referred to .the £1 Dorado delegation. 

The report was adopteld, and the bill so referred. 

The same eommttee, through Mr. Yeiser their chairman, reported back 
Senate bill for An Act to prevent the use of false stamps and labels, with a 
jeconmiendation that the same be passed without amendment. 

The report was adopted, and the bill read a third time and passed. 

Mr. Yeiser, from the same eommittee, reported back Senate biH for An 
Act in relation to water companies, with a substitute, entitled An Act amend- 
atory of an Act entitled an Act concerning corporations, passed April 22, 
1850, and reoommended its passage. 

The substitute was adopted, and on motion of Mr. Canney, laid on the 
table, and two hundred and forty copies ordered to be printed. 

Mr. Cardozo, from the Committee on Commerce, reported back Assem- 
bly bill for An Act to provide for enforcing the collection of taxes on con- 
signed goods, with a recommendation that it bo laid on the table. 

The report was adopted, and the bill laid on thenable. 

Mr. Gardner, from the Committee on Mines and Mining Interests, re^ 
ported baok Senate bill for An Act to amend an Act concerning Crimes 
and Punishments, passed April IG, 1850, and recommended its passage 
without amendment. 

The report was adopted, and the biil nead a third time and passed. 

Mr. Thomas, from the Committee on Engrossed Bills, reported as cor- 
rectly engrossed, An Act to define the jurisdiction of the District Court of 
the First Judicial District. 

Also, An Act to abofish tiie Superior Court of the city of San Francisco, 
lo repeal certain laws relative thereto, and to provide for the transfer of the 
records and proceedings of said Court. 

The report was adapted. 
^ Mr. Beetwick, from the Joint Oomrnittee on Enrolled Bills, reported as 
correctly enrolled, An Act to authorize the transfer of causes from the Su- 
perior Court of San Francisco. 

The report was adopted. 

Mr. Kittredgo, from the Conmiittee on Agriculture, reported back As- 
sembly bill for An Act concerning lawful fences,, and aidmals trespassing on 

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192 [SATOtiuAy, 

premiseB lairfully enclosed, irith an amendment, and recommended its pits^ 



The report was adopted, and the bill laid on the table. 
On motion of Mr. Johnson, Senate^ bill for An Act to prevent Monopolies 
that tend to produce famine, made the special order of this day at 12 o'clock, 
M.^ was taken up, and made the special order of the day for Saturday next, 
March 5, 1853, at 12 o'clock, M., and two hundred and forty copes order* 
ed printed. 

Mr. Herbert gave notice that he would, on Monday next, or on an early 
day thereafter, introduce a bill to amend An Act prescribing the mode of 
maintaining and defending possessory actions on public lands in this State. 

Mr. Thomas, from the Committee on Engrossed Bills, reported as cor- 
rectly engrossed, An Act to amend an Act entitled an Act for the protec 
tion of Game. 

Also, An Act for the relief of Jacob D. Hoppe. 
The report was adopted. 

On motion of Mr. Crenshaw, Assembly bill for An Act to amend an Act 
entitled an Act to provide for the disposal of the five hundred thousand 
acres of land granted to this State by Act of Congress, was taken from the 
table ; and, 

On motion of Mr. Canney, the House went into committee of the whole, 
(Mr. Thomas in the chair,) on the consideration of the bill ; and having 
made some progress thereon, rose, and reported it back to the House, and 
asked leave to sit again. 
Which was granted. 

On motion of Mr. Redding, the bill was laid on the table, and made the 
special order for Tuesday next, at 12 o'clock, M., and 240 copies ordered 
to be printed. 

Mr. Hoff introduced a Jomt Resolution in regard to the New York In- 
dustrial Exhibition. 

Which was read a first time and laid over, under the rule. 
The Speaker presented the report of the Commissioners of State Prison, 
in relation to the contract made for the erection of a State Prison, and the 
purchase of a lot of ground for the location of the same. (See Appendix 
No. 2f ) 

Which was read and referred to the Committee on State Prisons, and 
four hundred and eighty copies ordered to be printed. 

The House then went into committee of the whole, (Mr. Heydenfeldt in 
the chair,) on the bill for An Act for the destruction of certain noxious 
animals, made the special order of the day for this day at 1 o'clock ; and 
having made some progress thereon, rose, and reported it back with sundry 
amendments, and asked leave to sit again, which was granted, and the bin 
laid on the table. 

On motion of Mr. Wells, Senate bill for An Act to prevent the establish- 
ment of Pest Houses in any town or city in this State, was taken from the 
table, amended, read a third time and passed. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported that 

they had this day presented to the Governor for his approval. An Act to 

authorize the transfer of causes from the Superior Court of San Francisco. 

The report was adopted. 

Mr. Johnson introduced a bill for An Act authorising the Attomey-Gen- 

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FBBi.2«.] 



\m 



eral of the Stote of Gatifbrnia i^) i^mploj counsel in oerMiii .oal^» and fi&ing 
a compensation thereflor , i . , ; , 

Which was r^adLa fi^gt time, the rules suspended; it waa then read a sec- 
ond time, and referred to the Judiciary Committee. 

iL-messagiQ W4^rfec0ivcd from tlie^ Senate, idfofxnidg the AsaeliiUy -tliat 
ti)e:8e«ale; did, on.thQ<l({th iost; i^ppQint Mess]f$^i K^ene, Situth>«nd WoiHr 
botigba committe0 of conference pn.the dJ^agreeiBgyote^ of tbe tw^ Jipme^ 
on S^Date^ill to repeal An Act /creating: Sie office p£^Sjaperio((9nd.eiit- of 
Puhlic Buildings. 

, And paasedf (in jesterdaj, An Act granting to- Sberi& futthor time for 
final. setlltDtent ^!suDd' An Act anthotizing the appointment of: Boofk-^Keefneii 
to the t!omptroller of State, and tempotiar jucilerl^ in the depai^uiientiCifrTsech? 
surer of State, and to provide for their payment. 

Senate bill for An Act authorizkig; tb^ ^ppoint^pent of iBook^esper^to 
the Comptroller of State, and temporary clerk in the department of Trea- 
surer of State, and to provide for their payment, was read a first time, the 
rules suspended, it was then read a second time, and referred to the Com- 
mittee on Claims. 

Senate bill for An Act granting to Sheriffs further time for final settle- 
ment, was then read a first and second time, the rules suspended ; it was 
then read a third time ; and on the question, ^' Shall the bill now be 
passed ?" the ayes and nays were demanded, and the bill passed by the 
following vote : i 



Messrs. Bell, 


Messrs. Lecher, 


Blake, 


Martin, 


' Bostwick, ' ' 


McCandless, 


Cabaniss, 


McMahon 


Canney, 


McMeana, 


Conness, 


. . Myres, ,: . . :> •. ■ .' 


Covarmbiais 


Oliver, 


Crenshaw, 


. Oiyen, 


Flower, 


Pacheco, 


Chirdnen 
Hally, 


Pffoctor, . - 


Beading,.: .. .. r 


Harrison, 


Bedding, ■ .» . 


Herbert, 


BobinsKm, < 


Hoff, 
Hunt, 


Socers, . ' ^ : 
Taylor, i ^'> 


Joht^son, 


-i Walk«i», 


Knight, 


'J Yeiseri ' -'• 


Lee, 


Speakeiy-86.' 




NAYS.. • ' 


Messrs. Brush, 


' Mesdrs. McGarry, 


Cardoaso, 


Sime^ 


Faur&z, 




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Kittrcdge, Welb, 



On mdtbn 6f Mr. Hoff; Senate bill: for An Adb oon^ftdug the i^oiirities 
of tHe flate John H. Phillips, ffeceafled, County Treasurer of M Dohuit^ 
OOCWty^ waa tatten from the table, amended, ri^Ad a third time, and passed. 

> Iifr.'€abani&s stibmitt^ the felloMtig isolation, ^ which Waa adopted : * 

^e»ohedj Jbsit the Sergeanirat-Arms be required tod directed to hkve 
reinoyed from the immediate vicinitjof the Capitol, the luiid>er, Bhaiii]g8,i«fid 
oliMif nlmatt»eei that now eurratmd tids house. 

On poHon, at 3 o'dock, 1^. M.^ the House adjouiiMMl. 



HOUSE OF i'SSEMBLT- 

Monday, February 28, 1858, 



The House met pursuant to adjournment. 

On motion of Mr H^ydenfeldt, Mr. Oliver took the chair. 

The roll was called by the Clerk, and the following members were ab^ 
sent: 

Messrs. Blake,. Oonnete, Carpentier, Cardozo, Estep^iiEuffing, Fairfax, 
Hally, Irwin, .Tohnson, Knight, Mandeville, Martin, McCftndless, McGar- 
ry, Moore, Proctor,. Heading, Sime, Smith, Thomas, Tilj^lnan, Wilson, 
Yei&er, and Mr. Speafcdr. 

On motion, leap© of Absence for one day each, was granted to Messrs. 
Blake, Conness, C;»rdoi^(fc, Estep, Ewing, Fairfax, Hally, Johnson, Knight, 
Mandeville, McCawftless, Sime, and Smith, and to Mr. Wilaon, three day's 
leave was granted, and. an indefinite leave to Mr. Irwin. 

The Jourpj|lof;S*ti^rday last was read and approved. 

Mr. Crenshaw, from the Committee on Claims, reported back, Senate 
bill for An Act authorizing the appointment of book-keeper to the Comp- 
troller of State, and temporary clerk in the department of Treasurer of 
State, and to pix)yide for their, payment, without amendment and recom<» 
mended its passage. 

The report wasL^^pted. 

Mr. Hoff mov^ tbTay the hill on the tattWi. » 

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JPu. 2&J 105 

On which the ayes and nays vrete demanded^ and waa decided ia.the 
itogative, by the following vote : ■ f i 

AYBB. 



Meaars. Brush, 


Messrs. Meredith, 


Covarrubias, 


McMeans, 


Hanaaon, 


Owen, .< 


HofF, 


Pachecoy 


Hunt/ 


Kogers, 


Kittredge^ 


Snyder, 


Letcher^ 


Tayloiu- 14. 




NATS. 


Messrs. Bell, 


Messrs. Leake, 


Bostwick, 


McFariand, 


Cabaniss, 


McMahon, 


Oiinney, 


' Myreg, 


Carhart, 


Olivei*, 


Crenshaw, 


Reddihg, 


Flower, 


Robinson, 


Gardner, 


Walker, 


Herbert, 


Wells, 


Heydenfeldt, 


Wing— 21: 


, Lee, 


' 



On motion of Mr. Canney, the bill was then recommitted to the Co?a\ 
mittee on Claims, with special instructions to bring in a bill authorizing 
the payment of the Clerk of the Board of Examiners of the Way Dj^bt. 

Also, a bill authorizing the Comptroller and Treasurer to employ clsjig^ 

Mr. Wing, from the Committee on Engrossed BiHs, reported as correct- 
ly engrossed, 

An Act to authorize County Recorders to administer oaths ; 

An Act authorizing the State Treasurer to issue a duplicate School 
Land Warrant , 

And the report was adopted. • - '\ 

Mr. Bpstwick, from the Joint Committee on Enrolled Bill/s, reported aa 
correctly'enroUed, ,1 

A Joint Resolution on the subject of the digtributionby Congress of Jhe 
Maps and Uliarts pf Capt. Cad wallader Ringgold ; 

An' Act granting to sheriflfs further time for final settlement. 

Mr. Brush, on leave, introduced a bill for An Act concerning the jsalar^ 
ries of Officers and pay oif Members of the Legislature, 

Which was read a nrst time, the rules 'suspended ; it was then read ^ 
second time, and referred to the Comnaittee of W^ys and Means. .• 

Mr. Redding of Yuba, ofi leave, introduced a bill for An Act to amend 
the third section of the Act entitlcjd an Act to license Gaming, f»ss&^ 
March 3th, 1851. * ^ ^ ' 

Which was read a first and second time, and referred to the Commit- 
'^ on Claims, and ordered not to be printacL 

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^ 196 [M9}»0Ar^ 

' 'Mr. MeMahongaye notice that he wonld on to-moriow, br at an ea^Iy 
day thereafter, introduce a bill for An Act supplemental to An Act provi- 
ding »fund for the use of a State Library. 

Mr. Owen introduced a bill for An Act to suppress Gambling. 

Which was read a first lime, the rules suspended ; it was then read a 
second time, and on motion of Mr. Heydenfeldt, referred to a aetectf com- 
mittee of five. 

The Chair appointed Messrs. Heydenfeldt, Bostwick, Kiitredge, Mc- 
Means, and Gaimey, as such committee. 

A message was received from the Senate, informing the Assembly that 
they did on yesterday, appoint Messrs. Lott, Koster, and VV&itou, a com- 
mittee of free conference in reference to the organization of a Joint Com- 
mittee on the apportionment of Senatorial and Assembly Districts of this 
State. 

Assembly Joint Resolution in regard to the New York Industrial Ex- 
hibition, 

yfdis then Tcpii a second time, the rules suspended ;. it was read a third 
time, and pnssed. 

Assembly bill for An Act to repeal the first section of an Act etititled 
an Act appropriating moneys to meet the contingent expenses of Govern- 
ment, approved May 4th, 1852. 

Was then read a second time, and referred to the Committee on Public 
Expenditures. 

Assembly bill for An Act prescribing the tinie at which County and 
Township Oflic<».rs sJiall enter upon the duties of their offices, was then 
read a second time, and referred to the Judiciary Commit lee. 

Assembly bill for An Act to regulate Appeals from County Courts, Jus- 
tices', Mayors' and Recorders' Courts, was then read a second lime, and 
referred to the Judiciary Committee. ' ' 

• Mr. Heydenfeldt submitted the following resolution, which was adopt- 
ed : — 

Resolved, Thai the use of this hall be granted to Mr. Miska Uauser 
for two evening Concerts. 

Assembly bill for An Act to amend the act entitled an Act concerning 
the Salary of Officers and Pay of the Members of the Legislature, ap- 
proved May 4th, 1852, was then read a second time, and referred to the 
Committee of Ways and Means. 

Assembly bill for An Act to amend an Act to Fund the Inclqbtednes& 
of the State, which has accrued or may accrue from April 29,. 1851, to 
December 31, 1852, inclusive, and to provide for the payment of Three 
per cent. Bonds, was then read a si?.cond' lime, and laid on the table. 

Assembly bill for An Act to amend an act entitled an Act to'provide 
fbr the levying, assessing, and collecting Public Revenue, approved April 
?3d, 1852. was then read a second time, and Ifiid on the table: 

Assembly h'\\\ for An Act to amend an act entitled an Act for the pro- 
tection of Game, was then taken up for a third reading, and laid on the 
table. 



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Feb. 2«.] 197 

Assembly bill fer An Act to define the jurisdiction of the District Ccnirt 
of the First Judicial District, was then taken up, and pending the oon^ 
sidcration of the same, 

On motion, at 2 o clock, P. M., the House adjourned. 



HOUSE OF ASSEMBLY. 

Tuesday, March 1, 1853. 

The House met pursuant to adjoumment. 

The Speaker in the Chair. 

The roll was called by the Clerk, and the following members were absent : 
Messrs. Bell, Ksie, Fabfax, Mcileans, Moore, Myres, Reading of Trinity, 
and Yeiser. 

On motion, leave of absence was granted, one day, to Messrs. Bell, Fair- 
fax, Mc Means and Moore ; -a,nd to Mr. McMahon, three days ; and to Mr. 
Irwin, indefinite leave was granted. 

The Journal of Monday last wa^ read and approved. 

Mr. Canney presented the petition of Henry T. Weatherwax, praying 
the Legislature to pass a law allowing him to change his name to Henry 
Thomas Holmes. 

Which was read, and laid on the table. 

Mr. Snyder presente,d the petition of citizens, merchants of San Francisco, 
praying for the passage of a law to regulate the measurement of goods 
arriving at the Port of San Francisco. 

Which was read, and referred to the Committee on Commerce. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled,. Joint Resolution in relation to the War Debt, and the 
report was adopted. 

Mr. Canney, on leave introduced a bill for An Act to change the name 
of Henry Thomas Weatherwax. 

Which was read a first time ; the rules suspended, it was read a second 
time ; the rules further suspended, it was then read a third time, and 
passed. , 

Mr. McCandless submitted a resolution which was adopted, requesting 
the chairman of the Committee on Ways and Means to correspond with the 
authorized mail agent for the State of California, and ascertain, if possible, 
the cause of the npn-tr ansmission of papers and public documents from the 
post office at Benicia^ ^ , 



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198 



[TiOBSDAY, 



A communicatioD was reoeivecl from tiio Ccnnptroner, transmitting a state- 
ment of the receipts into the State Treasury, from July 1, 1802, to Febnt- 
ary 26, 1853. (See Appendix, No. 24.) 

Which was road, and. 

On motion of Mr. Mc Means, one thousand copies ordered to be printed. 

Assembly bill for An Act to define the jurisdiction of the District Court 
of the First Judicial District, was then taken up, and, 

On motion of Mr. Bobinson, recommitted to the Judiciary Committee, 
with special instructions to amend the eighth section, by adding the words, 
" so far as they apply to the first Judicial District." 

Mr. McGarry presented the claim of the schooner Toccuo for $224 43, 
for freight on furniture, &c., from San Francisco to Vallejo. 

Which was read, and referred to the Committee on Claims. 

Mr. McMahon introduced a bill for An Act supplemental to an Act pro- 
viding a Fund for a State Library. 

Which was read a first and second time, and, 

On motion of Mr. Canney, referred to the Committee on Claims. 

On motion of Mr. Heydenfeldt, the House went into committee of the 
whole, Mr. Oliver in the chair, on Assembly bill for An Act for the destruc- 
tion of certain Noxious Animals, and havmg considered the same, rose, and 
reported it back with sundry amendments, and asked to be discharged from 
further consideration of the subject,' 

Which was granted. 

Mr. OliYcr moved that the House non-concur in the amendments reported 
by the committee. 

Which was agreed to. 

Mr. Crenshaw moved to indefinitely postpone the bill. 

Upon which the ayes and nays were demanded, and t^ House refused 
to indefinitely postpone by the following vote : 

AYES. 



Messrs. Bostwick, 


Messrs. McCandless, 


Conness, 


Owen, 


Covarrubias, 


Pacheco, ^ 


Crenshaw, 


Snyder, 


Gardner, 


Taylor, 


Hally, 


Thomas, 


Mandcville, 


Wells— 14. 


V 


NAYS. 


Messrs. Blake, 


Messrs. Martin, 


Brush, 


Meredith, 


Cabaniss, 


McFarland, 


Canney, 


McGarry, 


Carhart, 


McMahcm, 


Carpentier, 


McMeans, 


Cardozo, 


Myres, 


Ewmg, 


OUver, 



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MatCb 1.] 19d 



Mdsittrfl. HoWet, 


Meaiw. Prodor, 


Harrison, 


Reading, 


Herbert, 


Redding, 


Heydenfeldt, 


Robinson, 


Hbff, 


Rogers, 


Hunt, 


Bime, 


Johnson, 


Tilghxnan, 


Kittredge, 


Walker, 


Knight, 


Wing, 


Lee, 


Yeiser , 


Leake, 


Speakerw^g. 


Letcher, 





Mr. McCandless itioved to lay the biUoti the taUe. 

Which was not agreed to. 

On iBlotibn of Mr, Heydenfeldt, the bill was then referred to the Com- 
mittee on Agriculture. 

The House then went into committee of the whole, Mr. Canney in the 
chair, on Assembly bill for An Act to amend an Act entitled an Act to pro- 
vide for the disposal of the five hundred thousand acres of land granted this 
State by Act of Congress, made the special order for this day, at 12 o'clock 
M., and having made some progress thereon, rose, and reported the s^me 
back, and asked leave to sit again. 

Which was granted, and the bill laid on the table. 

A coipmunicaiion was received from the Govemoi', transmitting a commu- 
nicition from the Comptroller of State, (See Appendix, No. 25,) iu relation 
to issuing warrants for the payment of the State Prison Contractor. 

Which was read, and referred to the Committee on State Prisons with 
instructions to report on Thursday next. 

A message was received from the Senate, informing the Assembly that 
they had concurred in Assembly amendment to Senate biU for An Act con- 
cerning the securities of Mr. John H. Phillips, deceased, late County Trea- 
surer of El Dorado county. 

And passed an Act to amend an Act to fix the compensation of County 
Judges and Associate Justices of the Court of Sessions, passed April 22, 
1850. 

Senate bill for An Act to amend an Act to fix tiie compensation of County 
fudges and Associate Justices of the Court of Sessions, passed April 22, 
1860, was then teM a flfet and seo<Hid time, and refdnrbd to the Judiciary 
Committee. 

On motion of Mr. Blake, the House then went into committee of the whole^ 
(Mr. Canney in the chtiiir), jbo consider Assembly bill for An Actconoeming 
Fences, and' Animate trespassing on premises lawfully enclosed; and having 
*<infiidered the sanie, rose, and reported it back, wkh a recommendation that 
the bill be refeft-ed to a select committee of five. 

The r^ccffnmdtidfttion of the Committee was adop^, and the Chair ap- 
pSbol^ Met^^B. Owen, Sinith, Haily, Harrison and Eittredge, as soch com- 
mittee. ' 

Mr., HtJly introduced ii biH for An Act to amidnd tbe seventh section of 



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200 [T^Tednbsdat, 

an Act to prohibit the erection of weirs or other obstroctionB to ibe use of 
Salmon ; 

Which was read a first and second time, and referred to the Committee 
on Agriculture. 

On motion of Mr. Canney, Assembly bill for an Act amendatory of an 
Act entitled an Act concerning corporations, passed April 22, 1850, was 
taken from the table. 

Mr. Conness moved a call of the House, which was sustained, and on the 
roll I being called, the following members were absent >— Messrs. Ewing, 
Gardner, Mandeville, McCandless and Tilghman. 

On motion, the Sergeant at-Arms was dispatched to bring in absentees. 

Messrs. Ewing, Gardner, Mandeville and McCandless, severally appeared, 
were admitted within the bar, and took their seats. ' 

On motion of Mr. Canney, further proceeding? On the role wer^.dispea^ed 
with. 

Mr. Myers moved to lay the. bill on the. table, which was agreed to. < 

On motion, at 3 o'clock, P. M., the House adjourned. 



HOUSE OF ASSEMBLY. 



Wbdnbsdav, March 2, 1^53. 

, The House met pursuant to adjoumm^ti 

The Speaker in the chair. 

The roll was called by the Clerk, and the following memberfi were found 
absent : — Messrs. Carpentier, Fairfax, Flower, Heydenfeldt, Myres, Pache- 
0O4 Smith and Wing. 
• The Journal of Tuesday last was read and approved. 

Mr. Blake presented the petition of certain citizens of San I)rapcisco, 
asking for a law appointing an Inspector of Lumber for the Port of San 
Francisco, which was read, and referred to the Committee on Commerce. 

Mr. Mc Moans, from the Committee on Ways and Means, reported back 
Assembly bill for An Act to amend the third section of an Act .to license 
Gaming, passed March 14th, 1851, and recommended its passage. 

The report was adopted, aaid the. bill laid on the table. 

U», McMmms, tram the samb cbramittee, t^ffMM back Ass^ambly UU So 



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Mabch 2,] 201 

An Act concerning the salaries of officers and pay of members of the LQgift* 
tare, and recommended it to the favorable consideration of the House. 

The report was^kdopted, and the bill laid on the table. 

Mr. Sime, from the Committee on Public Buildings and Grounds, report- 
ed back the petition of Clark and Craine, and recommended that the prayer 
of the petitioners be granted. 

The report >a8 adopted, and the petition recommitted to the Committee 
on Claims. 

Mr. Carhart, from 'the Committee on Public Buildings and Grounds, re- 
ported back the bill for An Act to take the sense of the people of California 
upon the subject of the permanent location ^ the Seat of Government ; also, 

An Act to determine, by the vote of the people of the State, the perma- 
nent location of the Seat of Government, with a substitute, and recommend' 
ed its passage. 

The report and biljl^ were I^d on the table. 

Mr. Thomas, from the Committee on Engrossed Bills, repqrted as cor^ 
rectly engrossed An Act to change the name of Henry Thomas Weatherwak, 
and the report was adopted. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported that 
they had this day presented to the Governor, for his approval. Joint BiOflolu- 
tion in relation to the War Debt ; 

Joint Resolution in reference to the distribution of the Maps and Charts 
of Capt. Cadwallader Ringgold ; and 

An Act granting Sheriffs farther time for final settlement. 

And the report was adopted. 

Mr. Wilson, from the same committee, reported as correctly enrolled An 
Act to prevent the use of false stamps and labels ; 

An Act concerning the seciiritios of the late John H. Phillips^ deceased, 
County Treasurer of El Dorado county ; also, 

An Act to. amend an Act concerning orimes and punishments, passed 
April 16th, 1860. 

Mr. Myres, from the select committee of thirteen, to whom was referred 
that portion- of the annual message of the Governor, relating to the calling 
of a Convention to revise and change the entire Constitution of this State, 
submitted the following report. (See Appendix, No. 26.) 

Which was read, laid on the table, and two thousand copies ordered to 
be printed. 

The bill, reported by the select committee of thirteen, for An Act recom- 
mending to the Electors to vote for or against calling a Convention to revise 
and change the entire Constitution of the State, was then read a first time, 
and laid over under the rules. 

Mr. McMeans, from the Committee on Ways and Means, submitted the 
following report, which was read : 

Mr. Speaker: 

Agreeably to the A3f embly resolution, requiring the Chairman of the Com- 
mittee on Ways and Means to confer immediately with James IVf. Goggins, 
United States Mail A^nt, (or the authorized Mail Agent of liie General 

•26 

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202 [Wednesday, 

Government,) in relation to the detention of public docnraienfs, papers, and 
letters, in the Post Office at Bcniqia, I have the honor to report : 

That upon inquiry, neither Mr. Goggins, nor any other mail agent known 
to the public, acting under the authority of the Unite'd States, is known to 
be in this State. 

Respectfully submitted, 

S. A. McMEANS, 
Chairman Committee Ways and Means. 

Mr. Robinson introduced a bill for An Act to amend an Act concerning 
the Courts of Justice of this State and Judicial Officers, passed March 11, 
1851 ; 

Which was read a first and second time, and referred to the Judiciary 
Committee. 

Mr. Wells introduced a bill for An Act to amend an Act entitled an Act 
prescribing^^ the mode of maintaining and defending possessory actions on 
public lands in this State, approved April 20, 1852 ; . 

Which was read a first and second time, and referred to the Committee 
on Public Lands. 

Mr. Bell introduced a bill for An Act to ascertain the indebtedness of 
Mariposa county ; 

Which was read a first and second time, and referred to the delegation 
from Mariposa county. 

Mr. Snjrder introduced a bill for An Act to amend an Act entitled an 
^ct to re -incorporate the city of San Francisco," passed April 15, 1861 ; 

Which was read a first and second time, and referred to the members 
from San Francisco county. 

On motion of Mr. Gardner, Assembly bill for An Act for the relief of 
Beverley C. Saunders was taken frofe the table, and the Hou&e then went 
into committee of the whole (Mr. Cabaniss in the Chair) on the considera- 
tion of the bill, and having considered the same, rose and reported it back 
without amendment, and recommended its passage, and asked to be dis- 
charged from further consideration of the subject. 

Which was granted. » 

• The bill was then read a third time, and on the question, " Shall the bill 
now be passed ?" the ayes and nays were demanded, and the House passed 
the bill by the following vote : 

AYES. 



[essrs. Cabaniss, 


Messrs 


. McCandless, 


Canney, 




McGarry, 


Carhart, 




McMahon, 


Carpentier, 




McMeans, 


Conness, 




Moore, 


' Cardozo 




Myres, 


Covarrubias, 




Oliver, 


Crenshaw, 


• 


Owen, 


Estep, 




Proctor, 


Ewing, 


■- 


Redding, 




" 


Digitized by VjO' 



Habch2,] 



m 



Messrs^ Yhwevj 


Messrs. Bobinson, 


Gardner, 


Rogers, 


Hally, 


Sime, 


Herbert, 


Bn^der, 


Heydenfeldt, 


Tajlor, 


•HoflF, 


Thomas, 


Hunt, 


Tilghman, 


Johnson, 


Wells, 


Knight, 


Wing, 


Lee, 


Yeiser, 


Leake, 


Speaker— 43, 


Martin, 






NAYS. 


Messrs. Bell, 


Messrs. Eittredge, 


Blake, 


Letcher, 


Bostwick, 


Mandeville, 


Brush, 


Walkej^-9. 


Harrison, 





A message was received from the Senate, informing the Assembly that 
the Governor did, on yesterday, approve An Act granting to Sheriffs' fur- 
ther time for final settlement 

Also Joint Resolution in reference to the distribution of the Maps and 
Charts of Capt. Gadwallader Ringgold. 

And Joint Resolutioo in relation to the War Debt. 

And that the Senate passed, on yesterday. An Act relative to Port War* 
dens in San Francisco, Sacramento, and other Ports of California. 

Senate bill for An Act relative to Port Wardens in San Francisco, Sacra- 
mento, and other Ports of Califorma, was then read a first and second time, 
and referred to the Committee on Commerce, and two hundred and forty 
eopies ordered printed. 

Mr. Bell gave notice that he would, at an early day, introduce a bill to 
provide Tor the construction of a Wagon Road from the town of Stockton 
through the Counties of Tuolumne, Mariposa, Tulare and Los Angeles, across 
the Sierra Nevada Mountains at some suitable point. 

Mr. Sime presented the petition of citizens of San Francisco, remonstrat- 
ing against the creation of an officer for inspecting lumber at the Port of San 
Francisco. 

Which was read, and referred to the Committee on Commerce. 

Mr. Blake introduced a bill for An Act to abolish the offices of Commis- 
sioners of the Funded Debt of San Francisco. 

Which was read a first and second time, and referred to the Committee 
on Corporations, 

Mr. Blake introduced a bill for An Act to provide for the Lispection of 
Lumber. 

Which was read » first an4 BMoad tuBi9g,^ r^nred to the Coren^it^e 



Digitized by VjOOQ IC m 



204 



[WflDHBBDAr^ 



Mr. Oliver subtnitted a resolntion to increase the pay of tlie Clerks and 
employees of the Assembly. 

Mr. Conness moved to indefinitely postpone the resolution. 

And after some discussion, Mr. Bostwick moved the previous question. 

Which was sustained. 

The question then being on the indefinite postponement of the resolution. 

The ayes and nays were demanded, and the House refused to indefinitelj 
postpone by the followii^ vote : 

AYB8. 



Messrs. Bostwick, 


Messrs. Letchw, 


Brush, 


Mandeville, 


Cabaniss,' 


McCandlesfiT, 


Conness, 


Owen, 


Estep, 


« Robinson, 


Ewing, 


Sime, * 


Garfield^ 


Snyder, 


Hally, 


Taylor, 


Harrison, 


Thomas— 19, 


Johnson, 






HAYS. ' ' 


Messrs. Blake, 


Messrs. M^Garry, 


Oanney, 


McMahon, 


Carhart, 


McMeans, 


Cardozo, 


Moore, 


Oovarrubias, 


Myres, 


Crenshaw, 


Oliver, 


Flower, 


Proctor, 


Hierbert, 


Beading, 


Heydenfeldt, 


Bidding, 


HoflF, 


Rogers, 


Hunt, 


Tilghman, 


Eittredge, 


Walker, 


Emgfat, 


Wells, 


Lee, 


WUson, 


Leake, • 


Wing, ' 


Martin, 


Yeiser, 


Meredith, 


Speaker— 85. 


Mt^Farland, 


• 



Mr. Ganney moved to lay the resolution on the table. 

Which was agreed to. 

Mr. Heydenfeldt introduced a bill for An Act for the relief of James Mo^ 
Hamy. 

Which was rekd i^ first and second time. 

ntto g6use then wtnrt into eqttmittee'efthe whele, (Mif./niglnnaQ m the 
chairO on tlie o o pBideratiDa of tho Ull ; and hamg «)iaid«rill'4ti6'HNrite^> 



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MAtbca 2.] 



205 



rose, and reported it -back without amendment, and recommended its pas- 
sage, and asked to be discharged from further consideration of thQ subject. 

Which was granted. 

The bill was then read a third time and passed. 

Mr. Yeiser, from the Committee on Judiciary, reported back Assembly 
bill for An Act to define the jurisdiction of the District Court of the first 
Judicial District, with amendments, which were adopted, and the bill re- 
committed to the Judiciary Committee with instruction to make such amend- 
ments as they may deem proper. 

Mr. Wing, from the Committee on Public Expenditures, reported back 
Assembly bUl for An Act to repeal the first section of An Act entitled an 
Act appropriating moneys to meet the contingent expenses of Government, 
passed May 4th, 1852, without amendment, and recommended its passage. 

The report was adopted, and the bill read a third time and passed. , 

Mr, Johnson, from the Sacramento Delegation, reported back Assembly 
bin for An Act amendatory of an Act to incorporate the city of Sacramento, 
with a substifute under a similar title, and recommended its passage. 

The substitute was adopted, read a third time and passed. 

On motion of Mr. Johnson, the Clerk was ordered to report the bill im- 
mediately to the Senate. 

On motion of Mr. Sime, Assembly bill for An Act amesdatory of an Act 
entitled an Act concerning Corporations, passed April 22d, 1850, was then 
taken from the table. 

Bfr. Canney moved to amend by inserting, after the word " trust," the 
words " to be subject to a lien of mechanics and laborers." 

Mr. Sime moved to indefinitely postpone the amendment. 

On which the ayes and nays were demanded by Mr. Blake, and the 
House refused to indefinitely postpone by the following vote : 

ATES. 



Messrs. Brush, 


Messrs. Mandeville, 


Canney, 
Conness, 


McMahon, 
McMeans, 


Gardner, 
Garfield, 


Myres, 
Oliver, 


Herbert, 

HoflF, 

Hunt, 

Eittredge, 

Lee, 


Redding, 

Rogers, 

Sime, 

Thomas, 

Wells, 


Leake, 


Speaker— 22. 




KATS. 


MesstB. Btake, 


Messrs. Martin, 


Bostwick, 


McFarland, 


Cabaniss, 
Carhart, 


McGarry, 
Moore, 


'-.OtftW^'-' 


■ • OMti ■ ■ ■ 



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206 [TmJB6DAT, 



Messrs. Estep, 


Messrs* Proctor, 


Flower, 

Hally, 

Harrison, 


Reading, 

Robinson, 

Snyder, 


Heydenfeldt, 
Johnson, 
Knight, 
Letcher, , 


Taylor, 
Tilghman, 
Wing— 25. 



On motion of Mr. Brush, the bill waa Idd on the table. 

Mr. Heydenfeldt submitted a resolution referring so much of the unfin- 
ished business of the last session, as relates to the memorial of W. W. Shep- 
ard, to the Committee on Claims, anc( the resolution was adopted. 

Mr. Garfield, from the Committee on Federal Relations, to whom was re- 
ferred the Governor's message, with a copy of a communication from the Su- 
perintendent of United States Census, submitted concurrent resolution au- 
thorizing the Governor to forward to J. C, Kennedy, Superintendent of Cen- 
sus, at Washington City, the original census abstracts aiiii reports of the 
census of this State ; and the resolution was read and adopted. 

On motion, at 2 o'clock, P. M., the House adjourned. 



HOUSE OF ASSEMBLY. 

Thursd^Yi March 3, 1863. 

• 

House met pursuant to adjournment. 

The Speaker in the chair. 

The roll was called by the Clerk, and the following members were ab- 
sent : Messrs. Covarrubias, McFarlaiid and Pacheco. 

On motion, leave of absence for two days was granted to Mr. McPar- 
land, and indefinite leave to Mr. Pach^oo. 

Mr. Cardozo, from the Committee- on Commerce, submitted a reix)rt, 
accompanied by a map, in relation to the extension of the city front of 
San Francisco^ (See Appendix, No. 27.) 

Which was read, laid on the table, and one thousand copies ordered 
printed. 

Mn Garfield, (Ma tb^iOnmaittte on F^eral Rela^i|gl^.raEtartaid back 

i 



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March 3.] 207 

Senate Joint Resolution in relation to the Harbor of Santa Cruz, without 
amendment, and recommended its passage. 

The report was adopted, and the resohition was then read a third time 
and passed. 

Mr. Moore, from the Committee on State Prison, reported back several 
communications of His Excellency the Governor, the Comptroller of 
State, and the report of the State Prison Commissioners, and recom- 
mended that they be n^.ferred to a special committee. 

The -report was adopted, and the communications and report were laid 
on the table. 

Mr. Bell, from the Mariposa delegation, reported back Assembly bijl 
for An Act to ascertain the indebtedness of Mariposa county, without 
amendment, and recommended its passage. 

The rjport was adopted, and the bill road a Ihird time and passed. 

Mr. Thomas, from the Committee on Engrossed bills, reported as cor- 
rectly engrossed. An Act for the relief of Beverly C. Saunders ; ^ 

An Act to repeal the first section of an Act entitled an Act appropri- 
ating moneys to meet the contingeftt expenses of Government, approved 
May 4, 1852 ; and the report Was adopted. 

A message was received from the Senate, informing the Assembly that 
they did, on yesterday, pass Assembly Joint Resolution in regard to the 
World's Industrial Exhibition, with an amendment ; 

And Assembly bill for An Act to change the name of Henry Thomas 
Weatherwax. % 

The Senate amendment to Aasembly Joint Resolution In regard to the 
World's Industrial Exhibiiion, was then concurred in. 

Assembly bill for An Act recommending to the Electors to vote for or 
against calling a Convention, to revise and change the entire Constitution 
of this State, was then read a second time and laid on the table. 

Mr. Sny?ler presfiited the petition of certain merchants of San Fran- 
cisco, protesting against the passage of An Act to provide for the Measure- 
ment of Goods. 

Which was read, and referred to the Committee on Commerce. 

Mr. Robinson submitted a Concurrent Resolution, instructing the 
Comptroller of State not to issue Warrants for paying State Prison con- 
tracts. 

Which was read and adopted. 

On motion, the Clerk was directed to report the Resolution to the Sen- 
ate immediately. 

Mr. Si.i.c presented tlie petition of certain citizens of the city of San 
Francisco, praying for the passage of a law to provide for the better ob- 
servance of the Sabbath. 

Which was read, and referred to the select committee of five appointed 
to consider that subject. 

Mr. Johnson, from the Committee on Commerce, to whom was referred 
so much of the Governor's annual message as relates to the extension of 
the city front of San Francisco, submitted a report; 

Which was read and laid on the table. 

Mr. Johnson submitted the following resolution, which was adopted : 

Digitized by VjOOQIC 



208 [Thuhsuay, 

Resolved^ That so much of the Governor's Message as rehites to the 
extension of the watef front of the city of San Francisco — also the various 
documents, memorials and petitions, heretofore referred to the Committee 
on Commerce and Navigation, be referred to the special committee ap- 
pointed by this House to examine into that subject. 

On motion of Mr. Wing, Assembly bill for An Act to establish an 
Asylum for the Insane, was taken from the table. • 

0/1 motion of Mr. McMeans, the House then went into committee of 
the whole, (Mr. Owen in the chair,) on the consideration of the.bill, and 
having made some progress thereon, rose and reported it back to the 
House, and asked leave to sit again. 

Which was granted. 

On motion of Mr, Johnson, the bill was then referred to the Committee 
on Public Buildiugs, wiih instructions to report the same back on or be- 
fore Thursday next. 

Andnhe bill was made the special order for that day, at one o'clock, 
P. M. 

Mr. Bostwick, from the Committee on Enrolltjd Bills, reported that they ' 
had this day presented to the Governor for his approval, An Act supple- 
mentary to an Act concerning Crimes and Punishments, passed April 16, 
1850. 

Also, An Act concen^ing the Securities of the late John H. Phillips, 
deceased, County Treasurer of El Dorado County ; 

And An Act to apiend an Act concerning Crimes and Punishments, 
passed April 16, 1850. 

Mr. Martin introduced a bill for an act entitled An Act for the better 
regulation of Pilots for the Bay and Harbor of Humboldt Bay. 

Which was read a first and second time, and referred to the Committee 
on Commerce, and ordered not to be printed. 

Mr. Crenshaw, from the Commiltee on Claims, reported back Senate 
bill for An Act authorizing the appointment of Book- Keeper to the Comp- 
troller of Slate, and temporary Clerk in the Department of Treasurer of 
State, and to provide for their payment, with An Act to authorize the 
appointment of Book-Keeper t<» the Comptroller of State, and temporary 
Clerk in the Department of Treasurer, and to provide for their payment ; 

Also, An Act to provide for the payment of Clerks employed by the 
Comptroller and Treasurer. 

The report vvas^ adopted, and the Senate bill laid .on the table. 

The bill for Ail Act to authorize the appointment of Book-Keeper to 
the ComptroUer of State, and temporary Clerk in the Department of 
Treasurer, and to provide for- their payment, was then read a first and 
second lime, the rules having been suspended for that purpose. 

On motion of Mr. Conuess, the House then went into committee of the 
whole, (Mr. P^lower in the chair,) on the consideration of the bill, and 
having considered the same, rose and reported . it back, with an amend- 
ment, and recommended its passage, and asked to be discharged from 
further consideration of the subject. 

Which was granted. 

On motion, (Mr. Canney in the chair,) the amendment reported'by the 
committee was concurred in. 

Mr. McMeans moved to indefinitely postpone the bill. 



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MabobiS^J 



200: 



Mr. Coniiess moved to lay the rxs^kti to indefinitely postpone on the 
table. 

On which the ayes talid chfai^ere demanded. '! .< . <oK 

And the House laid the motion on the table by the foUowibg vote : 



Messrs. Bell,^ 


Messrs. Martii^ J. 




Blake, . . 


Mere^tik} 




Bostwiolc, f^ 


Me(JaiwJtes»,. 




Cabanias, . " 


McGarry, .,1! 




Cannejr, 


Moore, . y„ : 




Carhart, y. i 


MyyfiSy . ,. :j 1 




Carpentier, 


Oliver, 




Conness, 


Owen, 




Crenshaw, 


Redding, 




Flower, 


u'/. Rogers,. . :. .ti. . 




Gardner^ 


Sime, i ,h 




Garfield, 


Sn;jpdw, :,; ' 




Hally, 


Taylor,. 




Herbert, 


Thomas, 




Heyde^&Vlt, 


, Walker^ 




Hoff, . 


Wells,. . . 




Hunt, . , 


Yeiser, 




Knight, • . , 


Speaker— 87. 




Loe, 








KATS. 




Messrs. Brash, 


Messrs. Eittredge, 




. ..n QaiAw, 


.,. ' '.I'. • iLeake, • , ,1 




Covarrabias, 


• . ,. ^ • • Letcher, 


, , 


Estep, 


Mandeville^ ! i i 


' 


Bwidft 


^ J •■ .- McMeans^ -fl' 




. iFair&x, . 


.» / I. : ' Reading, " :'i . 




.., , ^HartisQD, * 


• .'-:■ ; fv : -.'Robinson, • 1- 


•u 


Johnson, .1 


i iWing— 16. 


■ 'f. 



Mr. Robinson raising the qmslbny the ChateUeoided thai the 'moHon'^ 
to lay the motion to indefinitely postpone on the table, being carried, did 
not lay the subject matter on the table also, from which decision, Mr. 
Robinson appealed to the House. 

The question iben beidg,'^^ Shall the decision of the Chsilr itandafr'the 
opinion of this Hous6?" 

Mr. Heydenfeldt demanded the ayes and nays, and the Hduse refused 
to sustain the decision of the Chair, by the folio wlpg vole. : 



'.^[ 



'^ 



w)'1t 



Digitized by VjOOQIC 



2ID: 



[TimoMx; 



; llfi 



liOBB* 



Uenrs. Bell, 


Meins. MeOandlew, 


Carbarty 


McGarry, 


/ QoarmSj « 


•> Mdortf,- 


Cardozo, 


Oliver, 


Covarrubias, 


Owen, 


Crenshaw, 


Bedding, 


Gardneip, ' 


' Sogers, 


HerbeHj 


Sime, 


H^ydettiUat/ 


Snyder, • 


Hofi^ ' ' 


Thomas, 


Leo, 


Walker, 


' ManderiBe, * 


Yeiser— fl4. 




NAYB. 


Meisn. Blake, 


Messrs. Leake^ 


Brush, 


Letcher, 


CarpeittlMv 


Martift, 


Estep, 


Mer^diO^ 


Ewingi 


McMea&Sy 


Fair&«, 


»%t?es, ' 


Flower, 


Proctor, 


Hally, 


Beading,' 


Harriflcnft, 


Bobinson, 


' Hunt, 


Taylor, 


Johnson, 


•Wells, 


Eittredge, 


Wing— 25. 


Knight. 


r ' ' - •■ 



Mr. Heydenfeldt-mbvad to reconsider the vote by wMdi^tbe motion to 
indefinitely postpone the bill was laid on the table»^ 

Which was ^gi&td to« 

And the motioiiito indefinitely postpone was then wi^ldmwn. 

Mn Johnson niQ(v«d tOiamend by striking out in therseoond section of 
the bill the word^i ^<t«b Ikundred and seventy dbllars jonrimNath," and in- 
serting " twent]l>fei«.lMiiJdred dollars per annum." - < 

On which, Mr. Bobinson demanded the ayes and nays, and the House 



I :S .1 



. I ..t 



I . tfMt 



Brush, 
I '^r'l .''CfkrdwOy. 

CoTavlQbiip^ , 
Estep, 
Ewing, 
Oiidnr, 


3lmn,.Eittred8«, 
Kmgli^ 
Lirtdiep, 

Martin, 
Meredith, 


, 


Digitized by VjO 



^^ 



^11 



Messrs. H^Iy, 


Messrs. McMeadh^?; v 




Harrisoniy 


Bobinsenv 




Hunt, 


Taylor^ . : 




Johnson^ 


Wells— 22. 




• 


NAYS. - ' 




Messrs. Blake, 


Messrs. Owen, 




Canney, 


•••• Prdetor,' --■ ■' ' 





Contl^ss, 
CireMhaW, 


Reading, n 
: Reddlttgi ' 


: 


Fairfax, 


Rogers, •' ="' ' 




Flower, 


Sime, 




Herbert, 


Snyder, 




Heydenfeldt, 


Smith, . 




HoflF, 


Thomas; ' '-' 




Lee, 


Walkei^- 




Leake, 


Wing, ; 


' 


MciStitiy, 


Yem, \l 




Moore, 


Sfdmt^tl. 




Olive*, 


y . 1 ; . 





Mr. Lelke mcri^eld to amend the second section of-fh^ Ut, by striking 
out " two hundred and sevenf^," and inserting '' two huti^dr^ and fifty;" 

On which, thci hifei^ and nays were demanded, ancF'tti^ Mouse refused 
to adopt the amendment by the following vote : ' ' 



ATBS. 



Messrs. Bell, 


Messrs. 


. Hunt', 


Brush, « 




Kittredge, 


Caldwell, 


•' ' •- 


Leake, 


Cardozo, 




Letcher, 


Cova^rubiSii, 




Maodev^^, 


Eatep, 




Martin^ 


EwlAg, 




MerteditH; . 


Gardner, 




McMeand,,^: 


Harrisoij, 


KAYS. 


Taylofi^lS. 


Messrs. Blai:e, 


Messrs. 


. Olirei', - 


Canney, 




Owetij 


Conncss, 




: ?root6r, 


Crenshaw, 
ffaitfai, 


. f . .; • 


i leading, 
: ileddrag, 


Blower, , 


' I 


Robinson, 


l^iT' 


' i , • 


Roj^faS, 


mfbert, 
Heydenfeldt, 


' ' « 


Digitized by VjOOQIC 



213 



[I^UBmA3r« 



Messrs. Hoff, .^ .. ^ I' 


Messrs. Smith, ' 


JohoBonv 


Thomas, 


Knight, 


Walker,. . 


Leo,- ' 


Wells, , 


McCandlcss, 


Wing, 


McGarry, 


Yeiser, 


Moore, 


Speaker— 32, 



* On motion, the rules were then suspended, and the bill was read a 
third time, and on the question '' Shall the bill now be passed ?" the ayes 
and nays were demanded by Mr. Johnson, and the bill was passed by the 
fjllowiug vote : 



AYES. 



Messrs. 



Bell, 


Messrs. Myres, 


Blake, 


Oliver, 


Cannejy 


Owen, 


Gonness, 


Reading, 


Crenshaw, 


Redding, - 


Fairfax, 


Rogers, 


Flower, 


Simej 


.Qardaer, ,<, 


» . . Snyder, 


Hally,: 


• v^. ■ M.: . ^ Smith, ; 


Herbert, . 


f, ' . . Thomas, 


Heydenfeldt, 


i Walker, 


Iloff, 


Wing, 


Lee, 


Yeiser, 


McGarry, 


Speaker— 29. 


Moore, . , 






NAYS. • 


Brushy 


Messrs. Leake, 


Caldwell, 


Letcher, 


Cardozo, 


Mandeville, 


Govarrubias, 


Martin, 


Estep,. 


Meredith, 


Ewing, 


McCandless, 


Harrison, 


McMeans, 


Hunt, 


Proctor, 


Johnson,. . 


Robinson, 


Kittrcdge, 


Taylor, 


Knight, 


Wells— 22, 



I I' 



On the question, shall the title stand ? it was amended by adding," of 
clerks in the State offices," and the title as amended, was agreed to. 

The bill reported by Mr. Crenshaw, for An Act to provide for the pay- 
ment of clerks employed by the Comptroller, and Treasurer," was then 
lead a first time, tjxe rules suspended. 

Digitized by VjOOQIC 



Mabch 3r] 213 

» 

It wad-then read a second time and laid over under the rules. 

Mr. McOandless, on leave, introduced a bill for An Act creating a Sab- 
bath day jn Tuolumne county, and to provide that the $am.e shall be 
kept holy. 

Which was read ?i first time^ and laid over under the rules. 

Mr. Mc(/audless introduced a bill for An Act for the suppression of 
Drinking Houses and Tippling Shops. 

Which was read a firs^ time, the rules suspended. 

It was then read a second time, and on motion, referred to select com- 
mittee of five^ 

The Chair appointed as such committee, Messrs. McOandless, Fairfax, 
Oliver, Meredith, and Lee. 

Mr. Blake introduced a bill for An Act to provide for the more perfect 
indexing and classifying oi the Laud Records of San Francisco. 

Which was read a first and second time, and referred to the delegation 
from San Francisco county. 

Mr. Proctor gave notice that he would at some future day, introduce a 
bill for An Act to ab->lish houses of ill fame, within the incorporated lim- 
its of any town or city in this State. 

On motion, at 3 o'clock, P. M., the House adjourned. 



HOUSE OF ASSEMBLY. 

Friday, Mwch 4, 1858. 

House met pursuant to Adjournment. 

The Speaker in the chair. 

The roll was called by the Clerk, and the following members were absent: 
Messrs. Qarhart, Flower, Hejfdenfeldt, McE^arland, and Tilghman. 

The Journal of Thursday last was read, and approved. 

On motion, leave of absence was granted for one day to Messrs. Carhart, 
Flower, and McFarland ; and Mr. n ilson had indefinite leave granted. 

Mr. Blake presented the memorial of 6. M. Bourne, remonstrating 
against the passage of a law disqualifying all persons from practising medi- 
cine and surgery within the limits of this State, who are not possessed of a 
medical diploma granted by a regularly constituted medical board ; 

Which was reaid, and referred to the Committee on Stater Hospitals. 

Mr. Bostwick' presented the petition of H. Davis and others, of Nevada 

Digitized by VjOOQIC 



214 [FmBAtf 

citj, praying for the passage of a law to proteM buklhig lots on tho piltlic 
lands; 

Which was read, and referred to the Comimttee on Mines and Mkiing 
Interests. 

Mr. Crenshaw presented the petition of Jaines Wilrti and others^ of 
Grass Y allej, praying for the passage of a law to pfoteet building loti^ on 
the public lands ; 

Which was read, and referred to the Committee oh Mines and Mimng 
Interests. 

A message was received from the Governor, transmitting a comtimnrca'^ 
tion from the Surveyor General, in relation to the compilation of the State 
Map, and asking for a further appropriation of five thousand dollars. (Se^ 
Senate Appendix, No. 35.) 

Which was read, and laid on the table. 

A message was received froia the Senate, informing the Assembly that 
they did, on the third instant, pass a substitute for Assembly bill for An 
Act entitled an Act amendatory of an Act entitied an Act to incorporate 
the city of Sacramento, passed 1851. 

Senate bill for An Act entitled an Act amendatory of an Act entitied an 
Act to incorporate the city of Sacramento, passed 1851, was then read a 
first and second time, the rules suspended, it was tiien read a third time, 
and passed. 

Assembly bill for An Act creating a Sabbath Day in Tuolumne county, 
and providing that the same be kept holy, was th^n read a second time, and 
referred to the Tuolumne delegation. 

Mr. Knight submitted the following resolution : 

Jtesolvedj That a select committee of three be appointed, with instruc- 
tions to visit Stockton, for the purpose of examining the sit« selected by the 
Trustees of the Stockton State Hospital for the erection of the State Insane 
Asylum at that place, and that they be req[uested to report upon the same 
on Thursday next. 

On motion, the House then went into committee of the whole (Mr. Wing 
in the chair) on the consideration of the resolution, and having considered 
the same, rose and reported it back with an amendment, and recommended 
its passage. 

The amendment reported by the committee was then concurred iuw 
Mr. Canney moved to indefinitely postpone the resolution, on which the 
ayes and nays were demanded, and the House refused to indefinitely poe^ 
pone the resolution by the followmg vote : 

AT£8. 

Messrs. Bell, ' Messrs. Lee, 

Canney, Mandeville, 

Fairfax, McGarry, 

Flower, Myrea, 

Gardner^ Bedding, 



Digitized by VjOOQIC 



MMua 4] 



ai5 



Garfield^ 


Messrs. Snyder^ 
Smith, 


Herbert, 


EejdenMdk, 


Speakoiv*46. 




NATS. 


BUce, 


Messrs. Leake, 


Bostwick, 


Letcher, 


CtbaiaB&, 


Mertin, 


CiildweU, 


lyfeCandlesa, 


Conneas, 


MoMeans, 


Cardozo, 


Oliver, 


Covamtbias, 


Owen, 


CremhAir, 


Procijor, 


Estep, 


Robinson, 


Bwing, 


Sime, 


HaUy, 


Taylor, 


fifltrnscm^ 


Thoioas^ . 


Hani, 


Walker, 


Johnson, 


Wing, 


Kittredge, 


Yeiseiv-81. 


Knight, 





The question being on the adoption of the re^(^tion, the ayes and nays 
w«i#dMnaBded> and the seeeia^ was adopted by the Mowing vole : 



ATM. 



Mesan. Blake, 


Messrs. Leake, 


Bostwick, 


Martin, 


Cabaniss, 


McCandless^ 


Cald«6a^>. 


McMeana, 


Conness, 


Olirer, 


Cardozo, 


Owen, 


Gvenahamr, 


. Proctor, 


Estep, . 


Redding, 


Ewing, 


BobinsoDy . 


Hally, 


Rogers, 


£[aniaon,. 


Smith, 


. Johnsim^ 


!nu)maa. 


Eittrodge, 


Walker, 


Kju^t, 


Yfiser^29. 


Lee, 






NAMi 


UkMKBell, 


l^liiNink LetH&er, 


Oanne^i, 


Maadeville, 


, ,. .Coianmkiafii • 


- M«<*»^ 


VBii&h 





Digitized by VjOOQIC ^^ 



2ie [FBiniTj 

Messrs. Flower, Messrs. Myres, 
Gardner, Sime, 

Garfield, Snyder, 

Herbert, Taylor, 

Hunt, Speaker — 18. 

Mr. Hoff asked as a right to have his vote recorded ; he being afcstf&i at 
the commencement of the calling of the roll. 

The Chair decided that under the rules his vote could not be recorded. 

Mr. Hoff appealed from the decision. 

The question then being ^^ Shall the decision of the. Choir Stand as the 
opinion of this House ?" 

And the decision was sustained. ' 

The Chair appointed as such committee, Messrs. Wing, Cabaniss, and 
Sime. ,^ 

Mr. McGandless submitted the following resolution ; which was adopted: 

Resolved^ That the use of this Hall be tendered to the Governor for the 
convenience of the entertainment given by him in honor of the inauguration 
of the President of the United States. 

Mr. Robinson submitted a Concurrent Resolution, requesting the Go- 
vernor to report the amount expended by the relief expedition ; 

Which was read and lost. . i . . . 

Mr. Thomas, from the Comsmttee on Engrossed Bills, reported as cor* 
rectly engrossed — 

An Act to ascertain the indebtedness of Mariposa county ; 

An Act to authorize the appointment of Book-keeper to the Comptroller 
of State, and temporary Clerk in the department of Treasurer, and to yco- 
vide for the payment of Clerks in the State offices. 

And the report was adopted. 

Mr. Heydenieldt gave notice that he would move to amend the twenty- 
first Rule, so as to read as follows : 

^^ No member shall vote on any subject in which he is immediately or par- 
ticularly interested, or in any case when he was not within the bar of the 
House when his name was called. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled, An Act to change the name of Henry Thomas Weather- 
wax. 

Also, Joint Resolution in regard to the World's Industrial Exhibition ; 
and the report was adopted. 

On motion, the bill for An Act creating a Sabbath day in Tuolumne 
county, and providing that the same sh&ll be kept holy, was ordered net to 
be printed. 

On motion the House then went into committee of the whole, Mr; Tilgh- 
man in the chair, on the consideration of Assembly bill for An ^Act to pro- 
vide far the payoiait of Glerks employed bj Ite Cbq^fiMbr and Txisasiutoy 



Digitized by VjOOQIC 



March 4] 217 

and bavmg considered the same, ros6, and reported it back, and asked 16 be 
discharged from further consideration of the subject. 

Which was granted. 

On motion, uie bill was then laid on the table. 

Mr. Canney introduced a bill for An Act to be entitled an Act amends. 
I017 of, and supplementary to sections fourth and eighth of an Act entitled 
an Act concerning Divorces, passed March 25, 1851. 

Which was read a first and second time, and referred to the Judiciary 
Committee. 

Mr. Bell introduced a bill for An Act to improve Tule Lands, and to eii- 
courage the cultivation of sugar, rice and cotton. 

Which was read a first and second time^ and on motion of Mr. Bally, re- 
ferred to a select committee of seven. 

The chair appointed as such committee, Messrs. Hally, Kittredge, Harr 
risoD, Bell, Smith, Carhart and Owen. 

On motion, at 2 o'clock, the House adjourned until Monday next, at 2 
o'clock, P. M. 



HOUSE OF ASSEMBLY. 

MoKDAY, Match 7, 1868. 

The House met pursuant to a^ournment. 

The Speaker in the chair, 

Mr. McKamy, of Sonoma county, appeared, was sworn, andj^took his 
seat. 

The roll was called by the Clerk, and the following members were ab- 
sent : Messrs. Bell, Cabaniss, Carhart, Conness, Cardozo, Covarrubias, 
Crenshaw, Ewing, Fairfax, Gardner, Garfield, Hally, Herbert, Heyden- 
feldt, HofT, Knight, Lee, Leake, Martin, McGarry,' MclVJeans, Moore, 
yiyreB, Owen, Robinson, Snyder, Thomas, Tilghman and Welfe. 

No quorum present. 

Mr. Canney moved a call of th6 House. 

Which was sustained. 

Messrs. Conness, Crenshaw and Covarrubias appeared and took their 
seats. 



Digitized by VjOOQ IC 



218 [MONDAF, 

On motion of Mr. Flower, further proceediugs under the call were dis- 
pensed with. 

On motion, leave of absence was granted fi^r one day to Messrs. HofF, 
Robinson, Knight, Martin, Hell, Herbert^ Thomas, Snyder, HeydenfeUit, 
Gardner, Fjiiifax, Hnjit, Leake, Myres, Gard«>zo, Me Means, UHbaiiiss, 
Ewing, Carhart and Owen, and two da3^s to Messrs. Brush aiid Hally, 
and to Mr. Pacheco three days. 

The Journal of Friday last was read and approved : 

Mr. Harrison asked to be discharged from the select committee, to 
whom was referred the bill in reference to the Tulc Lands, and that Mr. 
Robinson be ar),»ointed in his stead. 

Which was agreed to. 

Mr. Proctor piesented the claim of Elijah Steele, for $2,183 Ofi, for ex- 
penses incurred in suppressing Indian hostiliiies in the northern part of 
the State. 

Which was read, and referred to the Committee on Indian Affairs. 

Mr. Carniey presented the petition of the Trustees of the Benicia Fe- 
male Seminary. 

Which was read, and referred to the Committee on Education. 

Mr. Bostwick, from the Joint Coinmittee on Enrolled Bills, reported 
that they had ihis day presented to the Goverrior, for his approval, Joint 
Resi»lution in n^gard to the Woild^s Indnsirial Exhihition. 

Also, An Act to change the name of Henry Thomas Weatherwax. 

And the report was adopted. 

Mr. Wing, from the El Dorado delegation, reported back Assembly bill 
for An Act to repeal an Act entitled an Act to create a Board of Super- 
visors for the counties of this State, and to define their duties and powers/ 
so far as it applies to the county of El Dorado, with a substitute entitled 
An Act to amend an Act entitled an Act to create a Board ol Supervisors 
for the comities of this State, and to define their duties and powers, ap- 
proved May 3 1852 ; and recommended its passage. 

'J'he substitute was adopted, and laid on the table. 

Mr. Brush, from the 'I'uohunne delegation, leported back Assembly 
bill for An Act creating a Sabbath day in Tuolunme county, and to pro- 
vide that the same shall be kept holy, without amendment, and recom- 
mended that it be laid on the table. 

The report was adopted, and the bill laid on the table. 

A message was received from the Senate, informing the Aissembly thai 
they had passed Assembly Concurrojit Resolution instruciing the Comp- 
troller of St'te not to issue Warrants on State Prison Coniracis. 

And had concurred in Assembly amendments to Senate bill for An Act 
to prevent the establishment of Pest Houses in any town or city in this 
Stale. 

Mr. Yeiser submitted the following report, which was adopted : 

Mr. Speaker: 

The Judiciary Committee, to whom was referred An Act to amend an 
Act defining the time for commencing Civil Actions and An Act to pre- 
vent I'ixtoriion under cobr ol* oilice, and to enforce oilicial duty, report the 
same back, and recommend their passage. 



Digitized by VjOOQIC 



March 7*] 2i'&' 

They have also considerea An Act eonceming Repealed Statutes, tJie 
passage of which is recommended, with the following amendment to the 
same : Add at close of the bill, the words " or part of an act." 

Also, that they report back An Aot to auHiorize the Probate Conrts of 
this State to Lease for a terra of years, the unimproved lands belonging 
to the estates of deceased persons, and minors, and An Act pceacribing 
the time at which Oonnty and Township Officers shall enter upon the 
the duties of tiieir offices, which your committee recommend be not 
passed. •> 

Also, the majoriity of the committee have instructed me to report back 
An Act to provide for jthc remQval, in certain cases, of Criminal Prosecu- 
tions, from tlie Courts of Sessions to the District Courts, and to recommend 
its passage. 

Assembly bill for An Act to amend an Act defining the time for com- 
mencing Civil Actions was then taken up, and laid upon the table. 

Senate bill $)r An Act to prevent Extortion under the color of office, 
and to enforce official dnty, was then read a third lime and passed. , 

And on the question, ** Shall the title stand V^ the title was so amended 
as to road, " An Act to prevent Extortion in office, and to enforce official 
duty." 

Senate bill for An Act concerning Repealed Statutes, was then taken 
taken up, amcnided, read a third time and passed. ^ 

Assembly bill for An Act to authorize the Probate Courts of this State 
to Lease for a term of years the unimproved lands belonging to tho estates 
of deceased persons and minors, was then read a third time, and on the 
question of its passage, it was lost. 

Assembly bill for An Act prescribing the time at which County and 
Township Officers shall enter upon the duties of their offices, was then 
taken up and laid on the table. 

Assembly pWi for An Act to provide for the removM in certain cases 
of Criminal' t^rosecutions, from ttie "Courts of Sessions to the District 
Courts, was then ^aken iip, and la,id on the table. 

Mr. ftlandevillo, from the Committee on Roads aaid Highways, reported 
back Assembly bill for An Act concerning Roads and Highways, with' 
an amendment, and recommended its passsage. 

The report was adopted, and the bill laid on the table. 

Mr. Conness submitted a resolution discharging committee clerks, and 
authorizing the Chief Glerfc to employ two additional Clerks. 

Which was read, and laid on the table. 

A message was recei'^ed from the Governor, informing the Assembly 
that he had this day agproved An Act to change the nan^e of Henry 
Thomas Weatherwajc j.. ' • 

Also, Joint ResolWi(to in regard to the World's Industrial Exhibition. 

Mr. Redding stibmitt^d a resolution authorizing the Clerk of this House 
to rent a room for Recording the Journal, &c. ' ' 

Which was read and laid on the table. 

Mr. Tilgbm'an introduced a bill for An Act amendatoly of an Act en- 
titled an Act to provide for the Inspection of Flour, passed May 3d, 1853. 

Which was read a first time, and laid over mider the rules^ 

Mn Fld^'er wxpnsA to a^jdurafc 



Digitized by VjOOQIC 



2>2d 



[KONpATj 



On wbicb, the ayes and nays were demanded, aud the House lefused 
to adjouroi by the following vote : 



ATBS. 



Meeers. Brash, 


Messrs. Eittredge, 


CarpentieTy. 


Mando^k, 


OoTarmbiaSy 


Meredith, 


Crenshaw, 


McKamy, 


Flower, 


MoMahon, 


Harrison, 


Proctor— 12. 




NAYS. 


Messrs. Blake, 


Messrs. McFarland, 


Bostwick, 


Oliyer, 


Gabaniss, 


Pacheoo, 


* Canney, 


Reading, 


Conness, 


Redding, 


Estep, 


Rogers, * 


Garfield, 


Smith, 


Irwin, 


Tilghman, 
Walker, 


Johnson, 


Lee, ^ 


Wing, 


Letcher, 


Teiser, 


McCandless, 


Speaker — 24 



Mr. MqCandless submitted a resolution to rescind the resolution tender- 
ing the use of this Hall to Miska Hauser for giving two concerts. 

Which was reacji. 
. i/fix panney moved the indefinite ppstponcment of the resolution. 

On which, the ayes and nays were demanded, and the resolution was 
m^efinitely ix)stponed by the following vote : 



ATES. 



Messrs. Brusib, 
Canney, 
Carpentier, 
jpovarrubiaf^ 
Crenshaw, 
Floweir, 
Vftrfield, 
Harrison, 
Lee, 
MandevSld^ 



Messrs^ Mc&amy, 
Proctor, 
Breading, 
^.edding, 
Sime, 
Taylor, 
TUghman, 
Walker, 
Wing, 



. a; 



Digitized by VjOOQ iC 



Mahqh 7.] 



221 



NATS. 



Messrs. Blake, 


Messrs. Meredith, 


Bostwick, 


McC^ndless, 


Cabaniss, 


McMahon 


Conness, 


Oliver, 


Estep, 
Irwin, 
Johnson, 


Pacbeco, 

Rogers, 

Smith, 


Kittrcdge, 
Letcher, 


Speaker— IT 



Mr. Cabaniss submitted the following resolution, which was adopted : 

Resolved^ That the seats and desks of the inembers of the Assembly 
shall not be rembve4 except by their consent. 

Mr. Irwin submitted the following resolution : 

Revived, That the Sergeant-at-Arms be requested to call on the May- 
or, and request him to furnish a room for the use of the Clejrk of this 
House. 

Mr. Redding moved to lay the resolution on the table. 
On which, the ayes an<l nays were demanded, and the resolution was 
laid on the table, hy the following vote : 

AYl^S. 





Messrs. Blake, 


Messrs. Lee, 




Bostwick, 


McFarland, * 




Brush, 


McKamy, 




Carpentier, 


Redding, 




Conness, 


Rogers, , 


> 


Covarrubias, 


Sime, 




Crenshaw, 


Taylor, 




Flower, 


Wing, 




Garfield, 


Speaker— 19. 




Eittredge, 


NAYS. 




Menn. Cainiey^ 


Messrs. McCandless, 




Estep, 


Oliver, 


* 


Harrison, 


Proctop, 


, 


Irwin, 


Reading, 




JohdSQn, 


Smith, 


E 


Letcher, 


Tilghman, 




MandeTiUe. 
Mwiiditlii 


Walker, 






■ 




Digitized by VjOOQIC 



222' 



[Tuesday, 



Mr. Carpentier moved to adjourn. 

On which, the ayes and nays were demanded, and the House, at 5 
o'clock, P. M., adjourned -by the following vote : 



AYES. 



Messrs. Bostwick, 


Messrs 


. McKamy, 


Brush, 




McMahon, 


Carpentier, 




Redding, 


Conness, 




Rogers, 


Crenshaw, 


. 


Sime, 


Flower, 




Taylor, 


Garfield, 




Walket, 


Irwin, 




Wing, 


Kittredge, 




Teiser, 


Lee, 


• 


Speaker — 21. 


Mandeville, 


NAYS. 




Messrs. Blako, 


Messrs. 


. Meredith, 


Canney, 




McCandless, 


Covarrubias, 




McFarland, 


Estep, 




Oliver, 


Harrison, 




Proctor, 


Johnson, 




Reading, 


Letcher, 




Tilghman— 14, 



HOUSE OF ASSEBMLY* 



Tuesday, March Sth, 1858. 

House met pursuant to adjournment. 

The Speaker in the chair. 

The roll was called by the Clerk, and the following meitibers were ab- 
sent: 

Messrs. Bell, Cabaniss, Fairfax, Gardner, Herbert, Kni^t, Leake, Mc- 
Candless, MoParland, McGarry, McKapty, McMahon^ MoMlmne, MoorOi 
ONrai, RbUhiMi, BiB^, W^Utf, Wing «eA1 Y^^t. 

Digitized by VjOOQIC 



Mabch 8.] 223 

On motion, leave of absence for one day was granted to Mcissrs. Wells, 
Robinson. Gardner and Fairfax ; and to Mr, McOaadless two days, and to 
Mr. McKamy indefinite' leave was granted. 

The Journal of Monday last was read and approved. 

Mr. Kittredge, from the Commitcoe on Agriculture, reported back As- 
sembly bill for An Act to amend the seventh section of an Act to -prohibit 
the erection of weirs and other obstructions to the run of salmon, without 
amendment, and recommended its passage. 

The report was adopted; 

And the bill was then read a third time and passed. 

The following message was received from the Governor: 

Executive Department, ) 

Benicia, March 7, 1853. ) 

To the Senate and Assenihli/ of California : 

I deem it my duty again to invite your attention to the necessity of 
presenting to Congress a full history, if attainable, of the collection and dis- 
bursement of the " Civil Fund." 

It is true that joint resolutions, asserting the justness of the claim of the 
State of California to the proceeds of the customs collected before her ad- 
mission into the Union, have heretofore been presented to Congress ; but I 
am now assured that we will certainly fail in obtaining all that is justly due, 
if we neglect to forward a full and correct history of the character of this 
claim. 

The bill pending in Congress provides onlv for the re-imburscment of ex- 
penditures made by the State prior to her admission into the Union, — a sum 
much less than the amount collected from her citizens before ports of entry 
were established, or the appointment of Collectors authorized by Act of 
Congress. 

The erroneous impression prevails that nearly the whole amount of the 
" Civil Fund " collected before the admission of this State into the Union, 
was expended by Governor Riley in the civil administration of the then ex- 
isting Government. So far, however, from this being the case, the Civil 
Treasurer himself, in a report, dated December 17th, 1849, states that 
the whole amount ot this " Civil Fund " received by him between the 1st 
of July and the 17th of December, 1849, was a little more than one million 
and four thousand dollars, loaned or transferred to the military departments 
of the General Government, leaving in his hands over over two hundred and 
fifty thousand dollars ; which sum, by order of the Secretary of War, in the 
month of January, 1850, was turned over to the proper officers of the Trea- 
sury Department, to be held subject to the final action of Congress. 

And Capt. W. H. Halleck, who for some time officiated as Secretary of 
State under Gov. Riley, not only corroborates this statement of the Civil 
Treasurer in relation to the amount and disposition made of this fund, but 
presents additional facts of much importance. 

Capt. Halleck, in a letter dated Monterey, January 23, 1850, states, that 
although '* most of the disbursements made from this fund were for the ex- 
penses of the Civil Government, large sums were loaned to different officers 



Digitized by VjOOQIC 



224 [Tl'esoay, 

and departments of the Army and Nary ; that all such transfers of 'money 
from this fund to military and naval officers were directed to- be madB as 
loans ; and as evidences of these loans, and as security for their payment, 
drafts on the heads of corresponding Depai|)bments in Washington were di- 
rected to be taken, and depo.ited in the place of the money so transferred. 

The Civil Treasurer complied with these instructions ; and it is beKeved 
that the books and papers in his possession contain a correct exhibit^of the 
several sums so loaned or transferred from this fund to officers of the army 
and navy, and for which drafts were given on the proper Departments. 

This fund, having been collected, as before remarked, prior to the exten- 
sion of the United States Revenue Laws over California, and of course 
without authority of law, the head of the Treasury Department, it is under- 
stood has declined making any disposition of it until specially directed by 
Act of Congress. 

The unexpended balance — amounting to some two hundred and fifty thou- 
sand dollars, as well as the several drafts drawn by officers of the army and 
navy, it is presumed, are still on deposit in the Treasury Department, subject 
to the action of Congress. In the opinion that the whole of this fund 
rightfully belongs to the State of California, we are sustained by that of 
Gov. Riley, during whose administration much of it accumulated, and who 
was familiar with the circumstances of its collection and disbursement. 

In a communication to Major General R. Jones, Adjutant General U. S. 
Army, Washington City, dated October 1st, 1849, Gov. Riley thus speaks 
in reference to this fund : " Many have expressed the opinion that these 
funds should be turned over to the new Government to enable it to go imme- 
diately into successful operation. However strongly of the opinion that this 
money belongs, in justice, to the people of California, I nevertheless shall 
not deem myself authorized to turn over this money until instructed to do so 
by direct orders from Washington." 
" It is therefore conceived to be the duty of the agents of the people of 
California now to adopt such measures as may be necessary to secure the 
recognition in full of their rights in this respect. With the view, therefore, 
of obtaining the information necessary to secure the favorable action of Con- 
gress in this matter, I would respectfully recommend the appointment of a 
joint committee of the Senate and Assembly to make such an investigation 
of the subject as its great importance demands. 

JOHN BIGLER. 

On motion of Mr. Redding, the resolution discharging certain committee 
Clerks, and authorizing the Chief Clerk to^ employ two additional Clerks^ 
was taken from table. 

Mr. Oliver moved a call of the House. 

W^hich was sustained. 

The roll was then called, and the following members were absent : Messrs. 
Bell, Herbert, McGarry, McMeans and Owen. ^ 

. On motion, the Sergeant-at-Arms was dispatchedjto bring in the absen- 
tees. 

On motion of Mr. Heydenfeldt, further proceedings under the call were 
dispensed with. 



Digitized by VjOOQIC 



Vjom^j 



m 




the Oom- 



Mr. Oarfield m(yred.t6 lay fhe resolution on the talble. 

Which was dgreefl iiK -^ » _ 

Mr. Cannej sobmitted a Concurrent Besolntion 
mittees on Federal Relations of both Hons^s as a Joint 
Oovemor's message relating to «fi5'<iav»Tt&«i- ^ 

Which was read, and adopted. . ., . ,^ ^ '^ ' - '[ ='^^' '' 

WkiiitBOtm gaT^ s[(A^'1Bat'^^e''1^^»J^^ 
day tiiererii^^ mli^^^ii -j^ ]EUdbohffi66)'^^ 

Mr. Fairfax gave notice that he would, at an early dayi JQtroduce ajBIB^ 
SatikA'k^k^^m^TpofBMe t^Bi'ffSmd mm -jM^anenfr «nit)t)itti|! o^P'^B!^ 
Schools and Academies. , * r i » - ^ 

JLM»V'«1fi]| fer^edi^ring Ihe- ^i^tmgitt^ijf ' Wl.AI%d'C)b(A^ "Wifittrs. %t.; of 

«Ui#*(S«tfaA«. . ■ / ■ • - '..^n: .,ur. . ??.'■.: ; ... -> T •-? :"-^.r;- 





the whole, Mr. Mandeyille m tH^dUhJ^, ^tt^i ^biiAdefatibii bf^ %Stf,i^A^^ 
haying considered the same, rose, and reported it back without^amendment, 
and asked to be discharged firom a fntllter consideration of the matter. 
Which was granted. . , . ^^ 

Mr. Mandeville Bwred tdlay ihe bill on the table. ' . - •^"- ' 

On which moti^A &e ^yes and nays were demanded^ltnd it Vas decided 
in the negatiye by ike foUowing yote : 



ATES. 



Messrs, Slake, 

Bostn^iok^ 
CarpentMi*, 

CrenshUfw, 

Flower^ 

GarfieUli 

Irwin, 

Eittredge, 

Lee, 



Messrs. Gamiey^) 
Carhart, 
Connesi, 
Card<M»y <- 
.€ioTttti«blft»,i^ 
Estep, 
Ewing, ' 
.fiairison/ 



// / 



NATS. 



I'!, 



.IV 



Mossn 


,.:,;■■ t 
. Leake, ' 




Mande^, 


¥ 


Meredith, ' 




MqEfciny, ' 




ittMOxoa, ' 




Myres, 
Oliyer, 




Rogers, 




Thoinas, 




Speake^-2p, 

f • , ' '' 

1 


Messrs 


. Letcher," ' ! 




Martin, . 




Moore, ' 




Procter, ' ' 




Beading, ' 


.' 


Smitii, 




flilghmani 


r ' ' '■ 


Digitized by CjOOQIC 



^ 



fPpPDAsr; 



HeydmfeUU, 
Hunt, 



Y.ei0eiw-21. 



Hr. Mandeyille moyed a caH of the HoiiBe. 
Which was mutained. 

. PiJpJcQ^ wiHi 9%lled^ and thq fi)Itoidiig wefoifpvB w^re absont : Meom* 
BfiU, ]S^b<^, Heyd^ejklty l^CUny, Ohprea, lading aad Sunder. 
On motion, the Sergeant-at-Aims was dispatched to bring m t}ie aUen- 

• Op motion of Mr» Beadiz^, farther .pEoceadiDgi vm^ev th^ call wer^dia^' 
pensedvith. 

• }b*J6bpfm iul^tted as a g^hatitiite &r the bill, An Act t» require Hbo 
owners and consignees, agents and importers of Moor, arrivii^ witluii . jthis 
State^to fifiKurt the same te the Board'«|r. Port Wardens of the oitj of San 
Francisco, and mpved its adoption. 

, On which the ayes and nptya w^ere. demanded by Mr. 01iv«r»Jiid (ke 
8«(]istitato was adopted by th^ foQoifing Tote i 



Messrs. Slake, 


, ^^, ' J4,emB. Martin, 


Bpstwick, 


MerediJi, 


Canney, 


Moore,- 


Carhart, 


Oliver, 


CardosBO, 


Owen, 


CoyarrobiaSy 


Proctor, 


Estep, 


Beading, 


Ewing, . 


Beddingy 


Garfield, 


Smiti^, 


Harrison^.. 


Taylor, 


Heyjdenfeldi^ 


Walker, 


Johnson, 


Yeiser, 


Letcher, 


Speakei^26* 




NATS. 


Messrs. Carpentier, 


Messrs. Mandeville, 


0onne£3, 


, , , McGarry, 


Crenshaw, 


McEamy, 


Flower,. 


McMah^ 


HoflF, .,^ . ..i'/ 


• Myres, .,. > 


Irwin, 


Bogers, 


Kittre4ge,^ 


Thonms, ":- 


Lee, ^ 


Tit^tW3r-A9 



Mr. Heydenfeldt moved to recoomder the vote just taken. 
Mr. Johnson n^VjOd to indefinitely postpone the motioyi to re^nsider. 
On which the aves and nays were demanded, and the motion was mde* 
finitely postponed by the following vote : 

Digitized by VjOOQIC 



MABcnsl] 



fS8l 



JOfB^. 



Meosn. Bkke, 


Messrs. Letohar, 


Caimey, 


Margin, 


Oarhart^ 


Owea, ' 


Connessy: 


Proetor, ' 


C«tdoK>, I 


Bea&i4 ^ 


GoyamUnas^ 


»*Bi«^" • 


Bstep, 


Smith, > 


Ewing, ' 


Taylw, ' 


Harnm, 


Walkeff - 


Heydeufeldt, 


Yeiser, 


Johnson, 




r, 


'•. ']niiai» '• * •" It oi.j .\ f/ '^^f 




: •!.. i i . . i.i u O'.j n' 


Messrs. Bostwick, 


Messrs. McGany, 


Garpentier, 


..,:./ McKa»y, 


Grenshawi 


McMahon. 


EbweE^.' 


Moo^«'»fi;0 .r.- ' ' 


Hoff, . . 
Irwiii, ' 


Oliver, a. > 


Eittredge, 


Rogers;.. i.V 


Lee^ 


Thinnas^v '^ 


Maodeville; 


Tilghmaa^9. 


Morodifliy 





Mr. Flower snbmitfed an amendment to the bill* 
Which was adopted. 

Mr. Crenshaw mated to lay the bill on the table. . 
On which the ayes and najrs were demanded, and it 
affirmative by the following vote : 



dedded mtiie 



ATBS. 



Messrs. Bostwiek, 
Garpeniier, 
Grenshaw, 
Ewing, / 
Heyden&ldt, 
Hoff, 
Irwin, 
Johnson, 
Eittredge, 
Ajee, 
MaodeviUe, 



Messrs. Meredith,:: ' 
McQanry^ » 
McKam^, 
McMalion^^t 

Moore,. ' 

Ohver, . 
Owen, 
Bognre, 
• a!iiomaeH^21« 



Digitized by VjOOQ IC 



[XafSDAVi 



.KATI. 



Messrs. Blahfti^ . 

Carhaiik^ . ., 
CozuMQy M. 

Goimiitlii^ 

FloWQTf.. V 

Han^80fi|. J 



Messrs. Letchoc^ .' . 
Martaoy ..J 
Procter^ . * 
Reaofaigf 
BeddiaL 

Taylor, 
Walkoiv 
Yeiaer— 1& 



•' Mr. Johoatai mof M fd!< reconrider the vote just takeoi 

Mr. . JohBSOB moved a call of the House. 

On which the ayes and nays wew'deBiandedy and the call was sustained 
by the following vote : 



^:i..yr .- 


V .:••{.• 




/-u. . ' . 


ATBS. 




Messrs. Canney^ 


Messrs. Man<Mb»f 




Carhvfcjf/.^ 


Martm/ 




ConnesSy ]r 


MyreSy '." * 




Gar^Mo. . 
Cov^irdiiiifl; 


Owen, - . 
Proctor,, 




MiBstep, a 


Blading, 




Flower, 


Bedfing, 




Harrison, 


Bogers, 




Heydenfeldty ::; 


.....r.;.. .■••.(•^- ftnith, - • . ■ 


, r , ,' » 


Hunt, 


Tajflor, .V . 


• .V/' 


Johnson, ^' • 


■.:^ .:..i-' • 'J >-• WaHcer-.at.. . 


'\':U 


I- : -MiBtfiwr,. ■.;...{ 


>'■',>'.'. f . .. ' ■: 


J 




NATS. 




Messrs. Blake, 


Messrs. Meredith, 




Gaqieifliapy .ri 


McIQttny, r 


; r 


Gr^ubair, 


IVIdffllWHfl^t • 




EwnigL;.: 


Mqore, 




Ha8i: 


Oliver, 




Lrwrn,. 


THxtmaSy 




Kittr^^, 


Yeiseiv— 16» 




Lee, . 




. 



Mr. Mandeville jBmredrto recendder the vote just t^ifatt. 
Mr. JohnsoilBM»«ed 4o>indefiniteIv postpone the motion to redonsider. 
Mr.'' M^s moved to lay the motion to indefinitely |K»tj^nB on the table* 
On which the ayes and nays were demanded, and it was decided in the 
aiflbmative by the following vote : 



Digitized by VjOOQ IC 



MABcmap 



2S9 



xxmk 



Messrs. Blake, 


Messrs. MandeviUe, 


Canney, 


Martin, 


Ottlmrt, 


MistedHih^ 


Conness, 


McGarry, 


Gardo^j 


MeMaiioii, 


OKver, 


Crenshaw, 


&tep, ' 


Owen, 


Ewing, 


Proctor, 


Flower, 


Heading, 


Hoff, 


Bedding, 


Hunt, 


Taylor, 


Johnson, 


- '■ Walke^-2T. 


Letcher, 






-KAT< 


Messrs. Garpentier, 
H^riiaoil, ' 


Messrs. Lee, 


JilcKamy, 


Heydenfeldt, 


Moore, 


Irwin, 


Rogers, 


Eittredge, 


* Thomas — ^10. ' 



Pending further consideration of tl^e hill, on motion, .at $ o'clock, P, M*^ 
the House adjourned. ,' ' ^ 



HOUSE OF ASSEMBLY. 



W^PKfiSDiT, March 9, 1458. 

Uome ttet putistiant to adjotufntnent. 
The Speaker m lihe chttr. 

5!he rd! was called hjr the CleA, and the following members were absent ; 
Messrs. HeydetifeldvKniglit) McMahon, Reading of Trinity, and Rob- 
iiDon. 

Digitized by VjOOQIC 



230 [WJEUiNBSDAVv 

On motion, leave of absence was granted for two days to Mr. Hally, 
and for four days to Mr. Robinson, and indefinite leave was granted to 
Mr. Wells. ^ 

The Journal of Tuesday last was read and approved. 

Mr. Bostwick fvdm the Ck)mmittee on Enroll^ Bills reported as correct^ 
ly enrolled, / , 

A Joint Resolution in relation to the Ebirbor of Santa Cms ; 

Also, An Act to preVBnt the establishment of Pest Houses in any town, 
city, or village, in this State ; - . , 

Also, Concurrent Resolution instructing the Comptroller of State not to 
issue warrants on State ^Prison Contract. 

And the report was adopted. ^ . 

Mr. Fairfax, (xoxj^ the Committee on Education, reported back Senate 
bill for An Act to create an Historical Society for the State of California. 

The bill was then read a third time, and on the question, " Shall the 
bill now be passed ? '' it was lost 

The following message was received from' the Governor, was read, and 
with the accompanying document3.r^fl^rred to the Judiciary Committed. 

Executive Depaetment, ' ? 
Benicia, March 9, 1863. \ 

To the Senate and Assembly of Calif omia : 

I have the honor herewith to transmit a* con^munication received on 
the 8tfi instant, from Hon. S. O. Hastings, Attorney-General of the State, 
enclosing copies of leases executed on the 27th day of November, 1849, 
by Capt. E. W. Keyes, of the U. S. army, commanding at San Francisco. 

It appears from' the communication of the Attorney-General that the 
District Attorney of the United States has instituted proceedings to recover 
, rents stipulated to be paid, and to cancel these leases^ the same having 
become void, in consequence of the failure of the lessees to pay the rent, 
and that ho is willing, with the consent of the Attorney-General, to make 
the State a party in order that her rights in the premises may be adjudi- 
cated upon and definitely ascertained. 

The property described in these leases is known as the " Government 
Reservation," and in relation to which the second section of the Water Lot 
Act of March 26, 1861 : Provided^ that any estate held by virtue of any 
lease or leases executed or confirmed by any officer of the United States, 
in behalf of the same, shall be and .are iiereby granted and confirmed to 
the lessees thereof. 

In this connection it is proper to state that it is the opinion of (he At- 
torney-General, and in which opinion he assures me the District Attorney 
of the United StiUies concurs, that no officer of the United States army 
had authority to make such leases, and, therefore, that no estate was orig- 
inally granted or created by them; and furthermore, that there w^is no 
estate held by the lessees at the time of the passage of t^ Act of 1851. 

If, however, the Act of 1851 is construed to be. a lease on the part.of 
the State, the lessees remain subject to the terms, conditions and. forfeit- 
ures specified in the said leases. Both the leases accompanying the com- 



Digitized by VjOOQIC 



mu9icalion of the Attc^ney-GeoeTal, it will -be seen on examinalioid^, pro- 
Tide, in express terms, that '4n default of the- payment of the rentf stipu- 
lated within the yeas for ynhkh it shall become due, the lease to become 
null and void." With the knowledge that these leases contain thi^ pro- 
vision, it is not probable that the District Attorney of the United States 
wonld institute proceedings fof the recovery of Imck rents, and to cancel 
the leases, if the lessees had not failed to comply with their require- 
ments. 

It is the opinion of the Attorney-General, who has carefully examined 
the question involved, that if these leases are declared. forfeited^ the prop- 
erty described in them will at once be subject to the control and disposi- 
tion of the Legislature, And if these leases are . void in their inception 
from want of authority in the lessor, as maintained by the Attomey-Geuf 
eral, it is the duty of the agents of the State to adopt noeasoieQ to secure 
and protect her righta 

The i»operty in question is very valuable, and if it justly belongs to 
the State, it is time it was placed under the control of her agents, and the 
nvenues accruing therefi^m paid into the State Treasury, 

I would therefore respectfully recommend that the AttomeyGeneri^l be 
authorized, by special act, to take all necessary steps to secure the rights' 
of the State in the premisses, 

3 JOHN BIGIiER, 

(See Senate Appendix, No. 3j5.) 

The following message was received from the Senate : / 

Mr* Speaken 

The Senate this day ooncurred in Assenably amendment to Senate Mil 
for An Act to prevent Sxtortion in ofiSce, and to enforce offieial duty ; 

And passed on 3d inst,, An' Act for die relief J. D. Mcmnett, M* D., for' 
services rendered Sick Emigraiits ; 
.And a bill for An Act to amend an Act, passed Idth March, 1861 enti- 
tled an Act to provide for t^e TVfmslotion of the Laws into the Spanish lan- 
guage, and also, to amend an Act passed April 24, 1852, of the same tttleu 

The Governor approved. .<Hi the 3d inst, A^ Act supplementary taan 
Act concerning Crimes and Punishments, passed April 16th, 1860; 

Au' Act to amend an Act oonc^raing Crixnee and Punishments, passed 
April 16th, i860; 

And An Act concerniqg the Securities of the late John EL PhtUips, de- 
ceased, County Treasiirer of El Dora4o County. 

The Senate passed, on the 4tb inst., Assembly bill, An Act to provide 
for the Contingent Expenses of the Supreme Court and State Officers^ 
with an amendment ; 

And passed, on the 3d inst, a bill for An Act to authome the State: 
Treasurer lo issue five duplicate School Land Warrants, as a substitute 
to Assembly bill authorizing the State Treasurer to issue a duplicate 
School Land Warrrnt to S* C. HastiQgs ; 

And passed on 2d inst, An Apt to Fund the Debt of Los Aikgeles 
County, and to provide for the payment thereof; 



Digitized by VjOOQIC 



2lt3 [W]sDi«tt»iLt> 

Ami on the 4lb inst, An Act Id Unitci ttie ofltoM of Coiinty CS^k and 
Recovdor of Tulare dktntf ; 

And on the 6th ijist., An Act for <he lelief of Taaflb & HeOahill, ftft 
carpeting, &<i. 



By order of flie Senate : 



8lh March, 1863. 



C. BRADFORD, 

Secretary of ijie Senate. 



SeoMe amendment to Assembly bfll for An Act to pfov«te tot 4he Ccm- 
tiftgetil Expenses of the Supreme Court and Stele <Mfcer6, was Hien 
taken tiy^, and noi^^oncnrred in. 

Senate bill for An Act to authorize the State Ti^aeurer 'to fssue Ave 
duplteate School Land Wamants, ivas then read a ftrst and eecond time, 
and i^n^d to the Judiciary Comcidt^Rde. 

Senate bill for An Act to Fund the Debt of Los Angeles Oounty,and 
provide for the payment thereof, was then retMi a first and second time, 
and referred to the delation frwn Los Angeles Oounty. 

Senate bill for An Act to be entitled An Act to tmite theoffiees cf Comi- 
ty Cteifc ahd Recorder of Tulare County, was then read a first and second 
time, and referred to the Mariposa and Tulare delegation. 

Senate bill for An Act for the relief of Taaffe, McQahiH A; Co., for 
carpeting, &c., was then read a first and second time, and referred to the 
Committee on Clai'ms. 

Senate bill for An Act for the relief of J. D.jMonnett, M. D.. for services 
rendered Sick Emigrants, was then read a first time, and laid OTer under 
the rules. 

BenMe bilt for An Act «o amend an Act passed ISth March, 1861, en- 
titled an Act 10 provide for the Translation of the Laws into the Spanish 
language, and aho to amend an Act passed April ^, 1862, of the same 
title, was then read a first and second time, and referred to Messrs, 
McParfand, Covarrubias and Paoh^co. - 

Mr. Canney intNxlueed ^ bill for An Actpmviding for the disposition 
of certain property* 

Which waa te^d a first and -second time, and onmdtion, referred to a 
select committee of three. 

Tfae Chair appointed as such committtee, Mei»fB.'C)aniney, Gdrfidd'and 
Hevdenfeldt. 

■ Mr. WcFtfrland introduced a bill for Afi Act steppleinehtar^ to an Act 
to Incorporate the City of Los AngeJes, passed A!pril4j 186B. 

Which was re&d a firstiind seoond titoe,'and referred to the OoinmJtteo 
0^ Coiporations. 

Mr. McMahon, agreeably to notice, introduced a, Jbliit Rfesoltrtidn rela- 
tive to -Pilblte LaAlde and Internal Imprbvements; 

Which wa^^oad a first and secwid time, and ireferred to the' Committee 
OS Public Lands. 

Mr. Smith,~on leave, introduced a bill for An Act to legalizfe -certain 
official acts nf WiBiatn J. liOwis, County Surveyor -for the County of 
Santa Clara. 



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K[aiicb^9.] 293? 

• 'Whifeli was read a fir^t and second 'tirrie/iAd referred to <He Jtldiciatjr 
Oommiltee. ' ; '■ * ' , ; = 

Mr. Gardner, from the Gommirfefef btt Mihes aiidMining Interests, snlj- 



mitted thd following report. " (SJee Appej^dix, 'No. 28.)^ 



Which was adopted, and 3;600 ordereH to be/printed. 

Assembly bill for An Act to provide for the protection of PdreigWils 
and to define thcur liabilities and privileges, reported by the Committee 
CD Mines and Mining Interests, Was then' r^kaa first and seiebna^time 
and laid on the table. 

Mr. Gardner from the Committee on Mines and Mining Interests sub- 
mitted the following report. (See Appendix, No. 28.) 

Which was read, laid dn the table, and subsequently thirty-six' hun- 
dred copies ordered printed. 

Mr. Hofi) from the minority of the Committee on Mines and Mining 
Interests, submitted the following report. (See Aj^ndix, No. 28.) 

Which was^id oih the table, and three thousand six htindred copies 
ordered printed. 

Mr. Cabaniss, from a minority of thd Committee on Mines and Mining 
Interests, submitted the following report. (See Appendix, No. 28.) 

Which was laid ontha^iatte, and thirty-six hundred iciopie&:otdered 
printed. < ! 

Mr. Yeiser introduced a bill for An Act declaratory of the effect c^ the 
repeal of criminal laws. ' . \ . 

Which was read a first and second time, and referred to the Judiciary 
Committee. 

Assembly bill for Aa Act to require the ownersj.eotosignees, agents, and 
importers of Flour arriving within this State, to report thQ same to the 
the Board of Port Wanjens of the city of San Francisco, w^ then taken 
op- 
Mr. Mandeville mpved to amend by adding the following : ' 

Sec. 4. All or a^ny combination or combinations of persons in this 
State, for the purpose of monopolizing Flour, Meal, Pork, JBeof, Beef Cat- 
tle,, or any other article or thing ordinarily used for the sustei^ance of man, 
so as to cause any or either of such articles to command an exorbitant 
price or prices from the consumers, shall be deemed conspirators against 
the public good ; and any and all persons* entering into or being engaged 
or interested in such combination or association, knowing the object of the 
same, their agents or abettors, associates or confederates, shall be deemed 
conspirators against the public goodj ^nd ji:y;K)n convictioci, befofp a Court 
of competent jurisdiction, be deemed, guilty of felony, and be pumshea by 
sentence to hard labor in the penitentiary for a terra nqt less' than, bw 
nor more than five years ; and every person so offending shall be fined 
not less than one thousand dollars for each ofience. 

Sec. 6. Every person or pers6hs ' acting within this State, as agent 
or agents for any capitsilist, association or combination without this State, 
their sub-agents or abettors, who shall monopolize Flour, ftleal Pbrk, Beef, 
or Beef Cattle, or any other article or thing ordinarily usefu) for the sus- 
tenance of man, so as to cause any or either of such ^atticlcls'to command 
an exorbitant price or prices from the consumer, shall be deemed a con- 
spirator or conspiiators against the public good, and u^bn conviction 
*30 

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2U 



prjpwppif, 



4^i^f, ibefcore a Coiust of comp^t^nt Jurisdictioii, :be decerned rgwlff .^f a 
leiony and be punished by sentence to hard labor in the Penitentiaiy for a 
.terjn^^etjless than one nor mo^ than jGlve yeais, and every person bo of- 
fending shall be fined not less than one ^usand dollars £>r each oflbQoe. 
The question then being on the adoption: of the amendments, the ^yes 
;;afi4. wysi^mre demanded. 

. . , ji^nd t)a^ Hou$e refuoed ,to adopt by the foUowJpg vote : 

AIM. . . 



^I^essro. OveiuMw, 


Meom 


. MoMahon, 


Hoff, 




•McMeans, 


Kittredge, 


t 


Myres, 


Leake, 




Eogere, 


^ Mande?i]l|9y 




Thoma9, 


Meredith, . 


' VATB. 


Tei0ei^l2. 


^MesBEB. Blake, 


Mmmib. Hnnt, 


Bostwick, 




Johnson, 


. GabflDisi, 




Iiee, X 


* CaldweU, 




Letcher, 


€anney, 




Maitin, 


Carhart, 




McFarland, 


Oarpeniieir, 




McGarry, 


Gonnefls, 




Moore, 


Oairdoso, 




Owen, 


CovarrubiaB, 




Proctor, 


Bstep, 




Beading, 


Ewing, 




Bedding, 


-Fair&x, 




Sune, 


Roirer, 




Snyder, 


Gardner, 




Smitfa, 


Harrison, 


% 


Taylor, 


Herbert, 




Walker, 


Hejdenfeldt, 




Speaker— 86. 



^^*^e question then being, * Shall the bill be read a third time now?»* 

The ayes and nays were demanded, and decided in the affirmative by 
^le following voto : 



ATB8. 



Bell, 


Messrs. Letcher, 


Bostwiok, 


Martin, 


Cabaniss, 


McFarland, 


Caldwell, 


McMeans, 


C^7, 


Me«r*, 



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Ma»c» 9.y 



2S6 



Meflsrs. Oarliart, 


Messrs. Myt^; 


Goimesa, 


Owen, . 


Cardozoy 


Procttnr, 


GoyairaUag, 


Beading, 


CrenshaV, 


Redding, , 


Estep, 
Ewing. 


BiSky [, 


Fairf&, 


Smith, ;. 


Gardner,. 


Thomas: 


Harrison, 


THAmhy " 


Herbert, 


wlw/ : / 


Hejdenfeldt, 


Teiset, 


Hunt, 
Johnson, 


. Sjeakei^-ST. 

1 


' 


^" vAtd. '■' ": 


Messrs. Blake, 


Messrs. Mandeville, 


Garpentier, 


Meredith, 


Flower, 


Mc^rry,, 


Hoff, 


Mcfil^bii,; , 


Kittredg^, 


Oliver; 


Lee, 


Bnydtfrj 


Leake, 


T8ylbP-^4f.. 



Mr. Oliver moved to lay the bill on the table. 
Which was not agreed to. 
Mr. Sime moved to indefinitely postpone the bill: 
On which the ayer and nays were demanded, and decid^dHn the nega- 
tive by the following' vote : 



ATBS. 



1^ Messrs 


. Blake, 


f 


Gabaniss, 




Oardbsro,, 




GovaiTubW^ 




Flower, 




Garfield; 




Harrison^ 




Lee, 




Letcher, 


MoflOi'0. 


Bostwick, 




Ganiiej, 


: 


Garhart 


« 


Garpentier, 


r 


Gonness, 



Messrs. Martin, 

McGarry,^ 

Proctcd',^ 

Bea^ngj^ 

SimeV 

Snydei*; . 

SfdiUi, 

Taylbr-ll 



NATS. 



Messrs. MandeviUe^ 
Meredith,^ 
McFarlajcid^ 
MoE'amy, 
McMahon. 



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2a6 [WSDNB8DA7, 


1. Crenshaw^ 


MesBTS. McMeaoe, 


Estep, . 


Moore, 


Ewing^ 


Myres, 


Fairfax, 


Oliver, 


Gardner, 


Owen, 


•Herbert^ 
Hejdenfeldt, 


Redding, 


Rogers, 


Hoff, 


Thomas, 


Hunt, 


Tilghman, 


Johjoson, '. 


Yeiser, 


, Kitlredge, 


Speakei>-3S. 


Leake^ 





The bill was fheri read a third time, and on the question, " Shall the 
bill now be passed ?" ♦ 

The ayes and nays wore demanded, and the House refused to pass the 
bill by the following vote : 



ATES. 



Mesisrs. Bofltwicki .^ 


Messrs. McEamy, 


Crenshaw, 


McMahon 


Ewing, 


Moore, 


Herbert, ' 


Myres, 


. Hdff, 


Oliver, 


Hunt, 


Owen, 


Johnson, 


Proctor, 


Kittredge, 


Redding, 


Iiee, 


, Rogei^, 


Leake, 


Thomas, 


Martin, 


Yeiser, 


McFarland, . 


Speaker— 24, 




- NATS. 


Messrs. Blake, .;. 


Messrs. Heydenfeldt, 


Gabaniss, 


Letcher, 


Canrtey, 


Mandeville^ 


Garhart« 


Meredith, 


Carpentier, 


McGarry, 


Coaness, 


McMeans, 


Gardozo, 


Reading, 


Govarrubias, 


Sime, 


Estep, 
Fairfax, 


Snyder, 
Smith, 


Flower, 


Taylor, , 


Gardner, 


Tilghman, ^ 


Gwffield, 


Walkei-^27. 


Harrison, 


*■ 



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Mabgh 9.] 237 

The following message was received from the Senate : 

Mr. Speaker: i 

\ 

The Senate concurred yesterday in Assembly amendments to Senate 
bill for An Act concerning repealed statutes. 

And passed, An A^ to amend an Act to provide for the protection of 
Foreigners, and to de&ne their liabilities and privileges. 

And on 7th inst., a bill for the payment of certain persons therein 
named, for services itendered and material furnished. 

And on th j 8th inst, a Concunent Resolution to appoint a Joint Com- 
mittee on the Civil Fund, and have appointed on the part of the Senate 
Messrs. Estill, Catlin, Foster, Wombough, and Snyder. 

By order of the Senate. 

A. a BRADFORD, 

Secretary. 
March 9th, 1863. 

Senate Concurrent Resolution to appoint a Joint Committee on the 
Civil Fund, was then read, and concurred in. 

The Chair appointed aslhe conunittee on the part of the House, 

Messrs. McMeans, Heydenfeldt^ Canney, Thomas, and McMahon. 

Setlate bill for An Act to amend an Act to proidde for the protection of 
Foreigners and to define their liabilities and privileges, was then read a 
first and second time, and referred to the Committee on Mines and Mining 
Interests. 

Senate bill for An Act for the payment of Certain Persons therein 
named, for services rendered and materials furnished, was then read a 
first time, and laid over under the rules. 

Mr. Heydenfeldt agreeably to notice, moved to amend the 21st rule of 
this House so as to read as follows : * 

No member shall vote on any question in the event of which he is im- 
mediately or particularly interested, or in any case when he was not 
within the bar of the House when his name was called. 

And the amendment was adopted. 

Mr. Johnson submitted a resolution requesting the Committee on Coun- 
ties and County Boundaries to report as to the expediency of revising the 
laws defining County Boundaries. 

Assembly bill for An Act amendatory of an Act entitled an Act to pro- 
vide for the Inspection of Flour, passed May 3d, 1862, was then read a 
second time, and referred to the Committee on Commerce. 

On motion, at 3 o'clock P. M., the House adjourned. 



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238 [TfemwwAT, 



HOUSE OF ASSEMBLY. 

t Thursoat, March 10, 1863. 

Hoose met pursuant to adjournment. 

The Speaker in the chair. 

The roll was called by the Olerk, and tiie Mowing members were ab- 
sent : — ^Messrs. Mjres and Tilghman. 

On motion, leave of absence was granted to Mr. Mjres for two days. 

The Journal of Wednesday last was read and approved. 

Mr. Smith presented the petition of citizens of Santa Clara and Contra 
Costa counties, praying for the erection of a new county, to be caDed Ala- 
meda, out of territory now belonging to those counties. 

Which was read, and referred to the Conmiittee on Counties and Counly 
Boundaries. 

Mr. Snyder presented the memorial of the merchants of San Francisco 
against the passage of An Act relative to Port Wardens in San Francisco 
and Sacramento, and other Ports of California. 

Which was referred to the Committee on Commerce. 

Mr. Brush, from a majority of the Committee on Elections, submitted the 
following report. (See Appendix, No. 29.) 

Which was read. 

Mr. Flower, from a minority of the Conmiittee on Elections, submitted 
the following report. (See Appendix, No. 80.) 

Which was read. 

On motion of Mr. Johnson, the foregoing reports, together with tiie testi- 
mony in the case, were referred to the committee of the whole, and made the 
special order for 7 o^clock, this evening. 

Mr. Crenshaw, from the Committee on Claims, reported back Assembly 
bill for An Act for the relief of Calvin Yalpey, with a substitute under a 
similar titie, and recommended that it be passed. 

The substitute was adopted, and laid on the table. 

Mr. Crenshaw, from the same committee, reported baok Senate bill for 
An Act for the relief of Taaffe, McCahill & Co., for carpetmg, J&c.y with a 
recommendation that the same be passed. 

The House then went into committee of tijie whole,. (Mr. Wing in the 
chair,) on the consideration of the bill ; and haviag considered the same, 
rose, and reported it back, reconmiended its passage, and adsed to be dis- 
charged from further consideration of the subject. 

Which was granted. 

The bill was then read a third time and passed. 

Mr. Yeiser, from the Judiciary Committee, submitted the following re- 
port, which was read : 



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Mamh 10.] 289 

Mr. Speaker .^ 

Xhe Jodicbary Oommttee have had usider oonsidoration Senate bill No. 
86, entitled An Act to amOiorize ihe State Treasnrer to iasue fire duplioate 
School Land Wanrants. Said hill ie.a sabstitate for an Afiaembly bill, and 
4iie rejeotioa <)f ttie UU k reoommended. 

They haye also considered An Act to be entitled an Act amendatory cf 
and supplementarr to seefions 4 and 8 of an Act entiiled an Act conoeming 
Biyorcee, paased March S6, 1861, and reoomiaiended its passage. 

Also, they have esamined An Aet.to legalize certain official acts of Wfl- 
Ham J. Lewis, Gonnty Suryeyor for the eoan<y of Santa Clara, the passage 
of ifhioh is recommended, iritii the following amendment : 

Add as Seotion 2«— ^Xhe said WilHam J. Lewis shall qualify as County 
Suryeyor of said county within twenty days after the passage of this Act. 

Also, that .they have considered An Act for the punishment of the crimes 
. of Adultery and rdygamy, and report the same back, with the recommenda- 
tion that it be refezEed to a committee of the whole house. 

FBED. TEISER, 
Chairman. 
Haich 9,1863. 

Senate b31 for An Act to authorise the- State Treasurer to issue fiye du- 
plicate School Land Warrants, was then taken up, read a third time, and, 
on the question of its final passage, was kel. 

' Assembly bill for An Act to be entitled an Act amendatory of and sup- 
plementary to sections fourth and eighth of an Act entitled an Act concern- 
ing Diyorces, passed March 26, 1861, was then taken up, read a third lime, 
and passed. 

Assembly bill for An Act to legalize eeitm official acts of Wm. J. Lewis, 
County Smreyor of the county of Santa Clara, was then taken up, amended, 
lead a third time, and re-conunitted, with special instruction, to the Judi- 
ciary Committee. 

Assembly bill for An Act for the punishment of the crimes of Adultory 
and Polygamy, was then taken up, and, on motion of Mr. Ganney, laid on 
the table. 

Mr. JBwing, firom the Committee <m Counties and County Boundaries, to 
whom was referred Assembly bill ^^ to change *and define ^e boundaries of 
Trinity and Klamath counties, and to establish a new county to be called the 
county of Humboldt, reported back as a substitute a bill for An Act to di- 
▼ide tiie county of Trinity,, and form a new county out of the western portion 
of the same, to be caDed Humboldt, and recommended its passage. 

The substitute was adopted, and, on motion of Mr. Reddmg of Tuba, re- 
ferred toi a select oommitlee of: fiye, aood ordered not to be printed. 

ThOtOhssr {^pointed as such committee, Messrs. Bedcung of Yuba, Oa- 
baiuas. Beading of Trmity, Hoff^ and Bogers^ 

Mr. E wing, from the Committee on Counties and County Boundaries, 
submitted! tiie fdlowing report, which was read, and adopted. 



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240 [Thubsdat,. 

Mr. Speaker: 

The undersigned, the Committee on Counties and Oountf Boundaries, 
hare examined the subject matter embraced within the accompanying reso- 
lution, which passed tins House yesterday, and beg leare to report, that in 
the opinion of your committee, the suggestions embraced within the resolu- 
tion should be complied wiHi.. 

Your committee oelieve that if the various legblatife enactments, defining 
the limits of the several counties of this State, were revised under the super- 
vision of the committee and the Surveyor-General, that much good would 
result to the State and the people of the counties. 

Your committee would remark, that the Surveyor-Oeneral is now pre- 
paring a map of this State, and it is his espedal desire that the above should 
be complied with. 

W. P. EWINO, 
T. T. CABANISS, 
JEFFERSON HUNT. 

Mr. Fairfax, from the Conunittee on Education, to whom was referred 
the memorial of the Trustees of the Benicia Female Seminary, reported the 
same, back, with a recommendation that a bill be passed in compUamce with 
the prayer of the memorialists. 

The report and memorial was re«comimtted to the Committee on Educa- 
tion, with instruction to report a bill. 

Mr. Heydenfeldt submitted the following report, which was adopted, and 
the committee discharged : 

Mr, Speaker : 

The Committee of Free. Conference, appointed by the House to confer 
with a similar committee on the fart of the Sexutte, with regard to the ap- 
pointment of a jobt committee on the apportionment bill, beg leave to report 
that they have at different times met such committee of the Senate, and that 
they cannot agree in any particular. 

Your committee, therefore, ask to be discharged from the Airther conend* 
eration of the subject, and recommend that the Committee of Conference, so 
far as the House is concerned, be dissolved. 
Respectfully submitted, • 

. E. HEYDENFELDT, 

Chairman. 
B. B. REDDING, 
JOHN T. HOFF. 

Mr. Cardozo, from the Committee on Commerce, reported baok Assembly 
bill for An Act entitied an Act for the better regulation of Pilots for the 
Bar and Harbor of Humboldt Bay, and recommended that the same be 
passed. ' 

The bill was then considered, and ordered engrossed for a third reading. 

Mr. Bostwicky from the Joint Committee on Enrolled Bills, reported as 



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Mabos LOJ]: 241i 

oorredly enrolled An Act {(»tiie relief of TaaSe, McCahill k Go^yfiaasiear- 
peting, &c. 

AM that they had this day presented to the G-ovemor, for his approyal, 
Joint Resolution in relatioti to the Harbor of Santa Cruz ; Jdfo^ ^ 

An Act to prevent &e establishment of Pest Houses wittnn the limits of 
9fij town or city in this State. 

And the report was adopted. 

Mr. Thomas, fiaai the Committee on Engrossed Bills, reported as Qor- 
rectlj engrossed An Aot to amend the seventh section of an Act to prohibit 
the erjection of WBifS or other obstruction, to the run of Sahnon, approved 
April 12th, 1862. 

Mr. Herbert, from the Mariposa ?aid Tulare Delegation, to whom was 
referred Senate bill for An Act to be entitied an Act to unite the ofSces of 
County Glevk and Reoovd^r ^Ti&re county, reported the same fank, with 
a recommendation that^it be passed. 

The report was adopted, and the bill read a third time and passed. 

Mr. McCandless presented the petition of citizens of San Joaquin county, 
pr^jring for a law to prevent hogs running at large. .' > * 

Which was read, ioA referred to the Committee on Agriculture. 

Mr. McFarland, froDBL' tike Delegation from Los Angeles, to whom was re- 
ferred Senate bill for An Act to Fund tiie Debt of* Los Angela county and 
provide for At paynnat thereof, reported the same back^ and recommended 
its passage. 

!uie report wias adopted^ andiAeibilir^adiiiviliird time and passed; <^ 

Mr. Canne^ submitted a Goaourf ent Heselution to appoint a Joint Cosn^ 
ndiftee of the two Houses to cbaft and' report a bill apportioning the .State 
mto Senatorial and Assembly Districts.^ . .' 

Which was read and adopted. 

And the Chair appointea, as the committee on the part of the House, 
Messrs. Canney, Redding of Tuba, Garfield, Snyder, Gabaniss and McFar- 
land. .J 

Mr. Cabaniss submitted a resolution authorizing the Committee on Coun* 
ties and County Boundaries to employ a clerk. 

Which was readand adopted. . ! , 

On motion of Mr. Redding, the resolution empowering the Chief Clerk 
to rent a room for recording Journals, &;c^, was taken from the table, read, 
and adopted. , ^^t. 

Mr. Fairfax moved to reconsider the vote of yesterday, by which the 
House refused to pass Asaembly Mll-for An Act to require tiie ownesfittod 
consignees^ agents ai^d importers of Flotir arriving within this State, to re- 
port tiie same to the Boaid of Port Wardens of the city of Baa^ Francisco. 

On which the a^es aod'hays were demanded, and the vote was reconsid- 
ered by the folkNmg vot^: /. i 

ATBS. 

Messrs. Bell, Messrs. Mandeville, .i 

Blake, Meredith, ; ) 

Bostwiok» McCandlesiS^ . i 

Canney,' . McGaxry, 

Digitized by VjOOQIC 



242 



[ISttJBBIIlkll^ 



Cv^mbamj 

Estep, 

Horbcvty 

Hoff) 
Johnson, 



Leake^ 



Gabaniss, 

Oarharty 
Coimess, 
CardoKQ, 
Blower, 

HeydenfiUdt, 



MoMaMoa^ 

Moore, 
Ofi?er, 
Oven, 
Beddiag, 



iraTfl. 



fliBith, 

Thoina% 

Wing, 



Banl^ 

Letolnv, 

Martia^ 

Pieoior, 



fiime, 
Cbjdar, 
Taylor, 
Tilghmnn" IBi 



Mr. Gmdiair mofecl tobyiUe UDion fte tabia, and nuika.it tiie spaeU 
order for Safcurd&j next, at two o^elack, P. M. 

W whiiBh tiie aivea and tiBja weiid damandddl, aad it vaa deoided in the 
neg^tiTe by the Mowing vote : 



ITBS. 



Ifeaara. Blake, 


Meesre. MoMeans, 


Flcnrer, 


8iBM>, 


Harrison, 


8ayd«, 


Haydenfeldt, 


BmitlH-d. 


MeCattdtew, 







HAT6. 


MMNHi BeB, 


1 ' ♦. 


Boftwicky 


MandefiBa, 


1 BwA, ' 


Maitk, 


'• ■' ■ ■■ eabauBS, 


Meiadtth, 


CaldveU, 


MoFariand, 


Caimey, 


McGany, 


Cariiart, 


McMahon, 


Gonness, 


Moore, / 


CaidoM, 


Oliver, 


CTevahaWy 


Owen, 


Et^hj, 


Procter, 


Faixfliv 


BeacUog, 




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Google 



MikBOB ID.] 



^3 



Messrs. Hofheitf 

Hiait, 
Johnson, 
Eittredge, 
Leake, 



Messra. Bedding, 

Rogers, 

Taylor, 

Thomaa, 

TilgJmKtai, 

Wmg~*6. 



Mr. McMeans mored the previoas question. 

On which the ayes mA najB were deaxanded, and it was iMtained by die 
following Tote: 



▲TES. 



Messrs. BeQ, 


JM.es8rs. lioe. 


BUke^ 


Leake, ^ 


Brosh^ 




Cabaaias, 


Mejfedi% . 


CaldweU, 


McFai:l«9d, 


Garhart, 


McMalkQff^ 


Carde»>, 


McMeaHQ, 


Grenshair^ 


OUvei, 


Estep, 


Owea, 


Ewiag, 


Beddii^> 


Fni&z, 


&>»«», 


Gardner, 


Thonaa> 


Herbert, 


!ni£rhman. 


Hoff, 


y«*«, 


Eittredge, 






NATSf 


Messrs. Caiyaey, 


Messrs. McOarry, 


Gonness, 


Moore, 


FkwQS, 


Proctor^ 


HacriMii, 


Readings 


Hunt, 


Sime, 


Johnaoa, 


Snyder, 


Letcher, 


Smith, 


Marian, 


Xayior, 


McQandless, 


WiAg— .18, 



The main question was then put by the chair. 

On which ^e ayes and nays were denanded, and the bill passed by the 
following vote : 



▲YES. 



Messrs. Bell, 
Bbk*, 


Messrs. Meredith, 
McF»l«nd, 
yLeOtmeyt 


« 


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2U * 



[THinunaLT, 



Messrs. Creiishaw, 


Messrs. Meredith, 


Estep, 


McMabon, 


Ewing, 


McMesns, 


Fairfax, 


Mooee, 


Herbert, 


# Oliver, 


Hoff, 


Owen, 


Hunt, 


Bedding, 


Johnson, 


Rogers, 


Kitbredge, 


Thomas, 


Leake, 


•Yeiser, 


MandeyiUA, 


Speaker^28. 




NATS. 


Messrs. Brush, 


Messrs. Martm, 


Cabaniss^ 


McGandless, 


Caldwell, 


Proctor, 


Corhart, 


Beading, 


Gonness, 


Sime, 


Gardoco, 


Snyder, 


Flower, 


Smith, 


Gardner, 


Taylor, 


HaiTison, 


IMlghmaa, 


HeydettfMdt, 


Wing— 21. 


Letoher, 


, 



Mr. Oliyer moved to reconsider the vote just taken. 
Mr. Gonness moved to lay that motion on the table. 
On which the ayes and nays were demanded, and it was decided in the 
negative by the foUowing vote : 



ATBS. 



Messrs. Ganney, 
Gonness, 
Gardozo, 
Flower, ' 
Gardner, 
Heydenfeldt, 
Letcher, 
Martm, 


Messrs. McGandiess, 
Beading, 
Sime, 
Snyder, 
Smidi, 
Taylor, 
3%hnian, 
Wing— 16. 




ITATS. 


Messrs. Bell, 
Blake, 
Brush, 
Gaboniss, 
OaldweU, 
Garhart, 


Messrs. Lee, 
Ledce, 
Mandeville, 
Meredith, 
McFariand, 
McGany, 



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'MAoeBlO.j 245 

JttOUIUfik 



OreosbMf^ ' - 


Messrs. HcMabofii, 


Estep, 


McMearis, 


Ewing, 


Oliver, 


Ftorfax, 


Owen, 


Harrison, 


Proctor, 


Herbert, 


Redding, 


Hoff, 


Rogers, 


Hunt, 


Thomas, 


Johnson, 


Yei8er--31 


Kittredge, 


' 



Mr. Canney gave notice that he would, at an earlj daj, introduce a bill 
m relation to contested electieti eases. 

Mr. McMahon gave notice that he would, at an early day, introduce a 
bin to provide for tiie more effectual distribution of the I^ws, Journals and 
Public Documents of the State of Califomia. 

Mr. Snuth, on leaver introduced a bill for An Act to create the County 
of Alameda and estab&h the Seat of Justice therem, to define its bounda- 
ries and provide for its organization. 

Which was read a first and second time, and referred to the Committee 
CD Counties and County Boundaries, and ordered not to be printed. 

Mr. Reading, of Trinity, gave notice that he would, at an early day, in- 
troduce a bill to provide for the construction of a Wagon Road from Clear 
Creek, in Shasta County, to Weaverville, Trinity county. 

The following message was received from the Senate : 

Ur, Speaker : 

The Senate ooncurred, yesterday, in Assembly Concurrent Resolution to 
appoint a Joint Committee on the Translation of Laws into Spanish, and 
have appointed on the part of the Senate, Messrs. Foster, Roach and De 
laGuerra. 

And passed Assembly bill for An Act to repeal the first section of an Act 
entitled an Act appropriating moneys to meet the Contingent Expenses of 
Government, j^proved May 4, 1852. 

And indefinitely postponed Assembly bill for An Act to abolish the Supe- 
rior Court of the city of San Francisco, to repeal certain laws relative 
thereto, and to provide for the transfer of the records and proceedings of 
tiie Bud Covrt. 

And passed on the StLinst, An Act to repeal an Act in relation to &e 
isity of San Francisco, passed Majr 1^ 1861. 

That the Senate, this day, appointed as committee of Conference on the 
disagreeing vote 6f the two Houses on Assembly bill for An Act to provide 
for £e Con|ingent Expenses of ttie Supreme Court and State Officers, 
Messrs. Walton, Smith and Walkup. 
I By order of the Senate, 

A. C. BRADFORD, 

Secretary Senate. 

March 10, 1863. 



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[T&i»hdat/ 



Senate bill jfor ah Act to Hpenl an Act in relatimi to Aid oi^ ef San 
Francisco, was then taken up, read a first and second time ; and on farther 
consideration of the same, 

Mr. Flower mo7cd ibe following as an amendment : sifci^ oat all after 
the enacting clause, and insert ^^ tbit the second sectieB of the Act entitied 
an Act in relation to the citj of San Francisco, passed .May 1, 1851, be, 
and the s^me is hereby repeiJed. 

On which the ayes and nays were demanded, and the Jionse refused to 
adopt the amendmoiti by the following vote : 

ATES. . 



Messrs. Cabaniss, 


Meisn* Madiii, . 


Oonness, 


MeOa&dliiB, 


Crenshaw, 


McGarry, 


Estep, 


Proctor^ 


Fairbx, 


fiime. 


• Flower, 


• fiayder, 


Harrison, 


Taylor, 


Johnson, 


Thomaa, 


Letdier, 


Teiser^lS. 


. 


NATfl. 


Messrs. BeU, 


Messrs. Mandeville, 


Blake, 


Mespedith, 


Bostwick, 


McFarland, 


Brush, 


McKamy, 


Canney, 


McMahon, 


Cardnsto, 


McMeaiis, 


GovarmbiaB, 


OKtbt, 


Ewmg, 


Owen, 


Gardner, 


Redding, 


Herbert, 


Rogers^ 


Heydenfeldt, 


Smith, ' 


Hoff, 


Til^vman, 


Kittredge, 


Walker, 


Lee, 


Wing, 


Leake, 


Speakei!«--80 



^Mr. Sime moved to commit the bill to the Judiciary Comnuttee. 
On which the ayes and nays were demanded, aad demded in then^ative 
hy the following vote : 



ATBd. 



Messrs. Gabanisa^ 
Oonness, 
Orenahaw, 

Estep, 



Messrs. Fiurfax, 
Flower, 
Harrison, 
Johnson, 

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24T 



\ 



Measn. Letcher, 


Messrs. Sime, 


Martin, 


Snyder, 


McCaiidlees, 


Taylor, 


MoGany, 


Thomas, 


Prootor, 


Yeigw— 18. 


^ 


NATS. 


Messrs. Bell, 


Messrs. Mandeville, 


Blale, 


Meredith, 


Bostwick, 


McFarland, 


' Brush, 


McKamy, 


- Caimey, 


MoMahon, 


Gardozo, 


MeMeaos, 


Covarrubias, 


Oliver, 


Ewing, 


Owen, 


Oardner, 


Bedding, 


Herbert, 


Eogew, 


Heydea&Idt, 


• Smitli, 


HoS; 


TUgh^m^., 


Hnnt, 


Walbw, 


Eittredge, 


Wujg, 


Lee, 


Speaker-rai. 


Leake, 





Mr. MjDMeans xBOTed that the rules be suspended, and that the bill be 
read a third time npw. 

On which the ayes and nays were demanded, and decided m the aflbma- 
tiye by the following vote : 



ATB6. 



Messrs. Bell, 


Messrp. MandeyiUo, 


Blake, 


Meredith,. 


Bostwick, 


McFarlai^, 


Brush, 


McEamy, 


Gannegr, 


MoMahon, 


. Carhart, 


McMeans, 


Cardoso, 


Oliver, 


CoyarruUaa, 


Owen, 


Ewing, 


Beading, / 


Faii&c, 


Reddmg, 


Gardner, 


Bogers, 


Heiberty 


Smith, 


Heydenfeldt, 


Thojoaas, 


Hoff, 


Tilghman, 


Hunt, 


WaJker, 


Eittredge, 
Lee^ 


Speakei^^-^. 


Leake, 


... 



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248 



[TOUBflDitf, 



NAYS. 



. Cabaniss, 


Messrs. Marijn, 


Connesg, 


McCandleap, 


Greuahaw/ 


McGanry, 


Estep, 


Proctor, 


Flower, 


Sime, 


HamBOQ, 


Snyder, 


Johnson, 


Taylor, 


Letcher, 


Teise^— 16. 



Mr. Taylor moved a call of the House. 

On which the ayes and nays were demanded, and deluded in the nega- 
tive by tte following vote : ^ 



ATBS. 



Messrs, Cabamss, 
Canney, 
Carhart,. 
Gonness, 
Grenshaw, 
Estep, 
Flower, 
Harrison, 
Johnson, 
Letcher, 
Mandeville, 



Messrs. Martin, 

McGandfess, 
McFarland, 
McGarry, 
Proctor, 
Beading, 
Reddmg, 
Sime, 
. Snydez, 
Taylor, 
Yeiser^ 22. 



HATS. 



Messrs. Bell, 
Blake, 
Bostwick, 
Brush, 
Gardozo, 
Govarrubias, 
Ewing, 
Fairfax, 
Gardner, 
Herbert, 
Heydenfeldt, 
Hoff, 
Hunt, 
Kittredge, 

The bill was then read a third time. 



Messrs. Leake, 

Meredith, 

McKamy, 

McMahon, 

McMeaas, 

Oliver, 

Owen, 

Rogers, 

Smith, 

Thomas, 

I^ghman^ 

Walker, 

Wing, 

^akep— 28. 



And on the question/^ shall the bill now be passed V* the ayes and nays 
were demanded, and the bill passed by the following vote ; 



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ilBOfi 10.] 


240 








ATBa 




'■ 


Measra. BeU, 




Messrs. MeretSth, 




Blake, 




McGandless, 




BoBtwick, 




McFariaod, 




Brush, 




McEamy, 




Caimey, 




McMahon 




Carhart, 




McMeans, 




Oardo«a, 




OKt^, 




Covarrubia^ 




Owen, 




Ewing, 




Beading, 




Fair&z, 




Bedding, 




Gardner, 




Eogett, 




Herbert. 
Heydenfeldt, 




Snuth^ 
Thomitfi, \ 




Ho£^ 




Tilghnmh, 




fiont, 




Walker, 




Eittredge, 
Leake, 




^ SjSei— 8*. 


•[ .-J/: 


Mandeville^ 

1 


. ' •< 1 




^ • r 


•. ;. 


'■■KAtlB.'-' 




/) 


Meeara. Cabaoiss, 








Gonness, 


■/ > 


McGarry, 




Crenshaw, 




Proctor, 




Estep, 


[ 


Sime, -^ 


3)' 


Howfer, 




Snyder^ 




HaRiB(m, 




Taylor, - 




Jobnaon, 




Teisec^lfiJ 




LeColtef, 









Mr. Wall moved to reconsider ike vote just taken. ' 
Mr. Brash moved to indefinitely postpone the motion to reiinsider. 
^ On which the a^cr and nays were demanded, and decided id the affixma- 
tiye by the followmg vote : : ^ . 



ATB8. 



Menn. Bell, 




Blake, 


Mendith, I 


Brush, 


McFariaad, 


Canney, 


McEamy, 


Cardozo, 
GoTArrebias, 


McMahcm, 
McM«an8, 


Ewing, 


OUyw, > 


Faii&z,' ' 


Owen, 


Gardno', 


Bedding, 


Herbert, 


Bogen, 


Heydenfeldt, 


Sime, 


•32 





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[VpipeMT^ 



Messrs. 



Messrs. 



Hoff, 


Messrs. Smith, 


Hunt, 


Tihthman, 


Jol»sp%. . 


Walker, 


Jtittw»4g^ 


Wing, 


l4««k4b 


. Spa*koiw.-S2. 




KAYS. 


Bo8twi0](,: 


Messrs. Margin, , 


Cabaniss^ 


McCaiidlese^ 


Garbari 


McGanrj» 


GoDDes#, . 


Proctor, 


Crena^s^, 


Reading, 


Estep,, , 


Sny4er, 


Vio^m 


TuyloE, 


HwW»>» 


Thomasj 


Letcl^er, . 


Yei8er-r.;a 



Mr. Hey^fiQ&ldt mored to reconsider the vote just takei^* 
Mr. Gonness moved to lay the motion on the table. 
Mr. Wall moved to indefinitely postpone the motion to lay on the table. 
On which the ayes and nays were i/dp^iedj and decided in the affirma- 
tive by the following vote : 



ATES. 



Messrs. Bell, . 


Messrs. Leake, 


Blak«w 


Mand^viJI^, 


Brosb) 


Merfidithy 


Cwney^ 


McFarlwl, 


Carhart, 


lAc^mt, 


Cardozo, 


McMeans, 


CoTamibiacPy. . 




.-... : Bat*p» ... 


Oliy^r, 


... Biwfcfe i,..: 


.. Owe^d, 


Fairfax, 


Biding, 


Herbert, 


Rogers, 


Heydenfeldt, 


Smith, 


Hoff, 


Walker, 


Hsllty 


Speakf>r^O. 


Eitteatlge,: 


..1^ . • 


HATS. 


Messrs. Bortwk^k, 


Messrs. M^0arf7# 


Cabaniflp, 


Proctor, 


Connesa^ 


Beading, - 


Flower, 


Sime^ 


Harriw©^ v 


Tayfw, 



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tfitttikr 10.] 



m. 



Messrs. Johnsoh, 
Letchcfi*,* 



Messrs. TbomM, / 

* Teisei>--45V 

i . i 



On motion^-^&iMbb]^, P. M., the House took a recess Mtil half^paat 
seven, P. M. 






The Honse re-adsetflBted. ''•' 

Mr. Fwrfax m6«Wa fliit a committee of three be appoife^,'^ the part of 
the Assembly, to confer. ,^ith a similar committee on the pm 6jl the Senate, 
on the disagreeing n^tfti the two Houses on the Assembtf'^bnt Resolution 
concerning the HistoM^iil Society of the State of Galifbrmd. 

Which was agreed to. 

The Chair appointed, as such committee, Messrs. Fairfax, Heydenfeldt 
and Garfield. 

Mr. Wing moved that a committee of three be appointed to confer with 
a similar committee on the part of the Senate, on the disagreeing vote of 
the two Houses on Assembly bill for An Act to provide for the contingent 
expenses of the Supreme Court and'State Officers. 

Which was agreed to. 

The Chair appointed Messrs. Wing, Canney and Conness as such com- 
mittee. 

On motion of Mr. Sime, the House then went into committee of the 
whole, (Mr. Canney in the chair,) on the case of contested seat of Clark vs. 
Carpentier ; and having considered the same, rose, and reported it back to 
the House, and asked to be discharged from further consideration of the 
subject. .^AU ':!>" : ) ' •; 

Which was granted. 

On motion of Mr. Crenshaw, the contestant and the counsel of the parties 
were a()m^^d to tiik^|»^fi,^'ririthin the bar of the House. 

Mr. Crenshaw, at 11 o'clock, P. M., moved to adjourn. 

On which the ayes and nays inierp 4^{^^d^ and ijbue fi[opaiQ,f;^*Qm!9ed 
by the following vote : .,. '■, m"J ' 

•;:..: ••• [ ■' 'V •■ ' -.rrr i:.., ..•; 

Letcher, - -.. '. 

,- i .,/..•',•■: :Mcfia(rtand^. -.f.:. ♦.! 

•! r .. , ' Reading, » . ' 

'■ Roget^v • ■ 
Sime, 



: • . . '.../. •• i. 

jUeasrs^, CabanqB, r . 
Carhart, 
Connesfc. r , 

•: ' -^ sJgstep, .. •. •.: : 
Fairfi^ - , 

, ,.T [QardnaFt, 
Harrison, 
Herbert, 



/ 



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e&2 



[Fekdat^ 



Menm. Hejd«D&Idt, 
Hoff;: 
Hunt, 
Eittaredge, 



• ' Btake, 
Brash, 

Cardozo, 



MeBEVS. Smith, 
Thotnas, 
ISghman, 
Walker, 
Yeiaei^-82. 



KAT8. 



gwing, 
MerefUtb,. 



Meesn. MoOandleeB^ 

Oliver, 
, Proctor, . 
'Bedding, 

Taylor, 

Spe&ex^^l4. 



J. ' :li:i 



-moo 



'Jill i^ • • 
(^i J ■id r. ]• ■ 



HOUSE OF ASSEMBLY. 



FrVdat, March 11, 1953. 

.1 ' • . • . ' 

' Thei^oiise'tiiet ptirsaantto adjonximient'.' ' 

The Speaker in the chair. 

The roll waa called by the Olerk, and the following mombeni were absent : 
Messrs. Govarrubias, Gardner, HeydeUfeldt, Lee, McCandless, McGarry 
and Moore. 

On motion, leave of abeetfee wiis granted to Messrs. Hallj and Myers for 
two days each. 

The Jonmal of nrarfiday last was read and approved. 

Mr. Ewing, from the Committee on Counties and Cobnty Boundaries, re-- 
ported .back Assemblr bill for An Act to create the Gotiniy bf Alameda, and 
establish ti^e seat of ^stice therein—to define its bomidanes and provide for 
its organization, and recommended that the same be passed. 

The report was adopted, and the bill considered and alnended. 

Mr. Canney moved a suspension of the rules, and that the inll be eonsidr 
ered engrossed, and read a third time now, and put upon its passage. 



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Mabob 11.] 



253 



On which the ayes and najs were demanded, and ike HooBe suspended 
the rules bj the following vote ; 



AYBS. 



Messrs. BeU, 


Messrs. Lee, 


Blake, 


. /Letoher, 


Bostwick, 


Martin, 


Cabamss, 


McGandless, 


GaldweU, 


McFarland, 


Canney, 


McGarry, 


Garhart^ 


McKamy, 


Cardozo, 


McMeans, 


GoyarraUaa, 


Mooire^ 


Grenahaw, 


OUver, 


Ewing, 


Pacheoo, 


Gardner, 


Proctor, 


Harrison, 


Beading, 


Herbert, 


Snyder, 


HeydenfeUt, 


Snuth, 


Hos; 


Walker, 


Hunt, 


Wing, 


IrwiiT^ 


Yeifler-37. 


Eittredge, 


•. 




NAYS. 


Messrs. Bntsh, 


Messrs. McMahon, 


CSarpentier, 


Owen, 


Gonness, 


Redding, 


Estep, 


Rogers, 


Flower, 


Taylor, 


Leake, 


Thomas, 


Mandeville, 


Speaker — 15 


Meredith, 





The bin was then read a tliird tim^ aad passed. 

Mr. Bostwick, from ik&ii^xtk Coomutt^ on Enrolled Bills, reported as 
correctly enrolled. An Act concermng Repealed Statutes ; 

Also, An Apt to prevent Extortion in. Offiqe, aofd ta.en&roe OfSieial Duty ; 
and the report was adopted.. 

Mr. Estep, from the Connoittee on, State Hospitals, reported back the 
memorial of 6. M. Bourne, without recommen^aRon, and the report, with 
the memorial.was laid on tlud t^iUe., 

The House then went into consideration of the case of the contested seat 
of Clark v$. Garpeao^er. 

Mr« Crenshaw moved that the resolution submitted by the minority of the 
Committee on Elections, be adopted. 

Mr. Brush moved to amend the motion by. striking put' the word^'mineri- 
tf," and inserting th^ word. ^Vfpajority." 



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254 . ■ [Fftr«A.V,. 

opposition to the right of Mr. Carpentier to hold a seat in lihiB Ebude. 

On motion, at 2 o'clock, P. M., the House took a recess until 4 o'clock, 
P.M. 



The House re-&ssettM<0d, at 4 o'clock, P. M. 

The question h^(o^€ the House was then temporarily wlthdm^n. 
The foQowmg message was received from the Senate t 

Mr. Speaker: 

The Senate Committee on Engrossment this day rtfMnf ted ae^orrectly en- 
grossed, An Act amendatory of an Act entitled an Act to incorporate the 
City of Sacramento', passed 1851, and that the Committee had added in the 
twenty- seventh line of second page, after the words ^^espiradon of," the 
words "six months from," to which I am directed to ask thro4mcurrence of 
the Assembly. 

The Senate passed, on the 9th instant. An Act to amend ad Act entitled 
an Act prescribing th« mode of assessing and collecting FubKc Revenue, 
passed May 1st, 1851* * 

And on the lOtfa iiwtaikt. An Act to change the name, of AlSted Morgan, 
to Alfred Gray Morgan ; 

And passed this day An Act for the payment of the claim of the " Pio- 
neer TJpnolstery." 

By order of the Senate. 

A. C. BBADFOBD, 

• ^cMtfebfy Senate. 
March 11th, 185S. 

The House then conctirred in Senate amendment repcMliied by their Com- 
mittee on Engrossed Bills, to the bill for An Act amendatoi^ cf an Act en- 
titled an Act to incorporate the City of Sacramento, padded 1651. 

Senate bill for An Act to change the name of Alfi^ed' Moiigjan to Alfred 
Gray Morgan, was then read a first time, and laid over under the rules. 

Senate bill for An Act to provide f^l^- ttl« psiym>ent df the claim of the 
'^Pioneer Upholstery,'' was tiben read tt^'thlrS mae, and lud ov^* under the 
rules. ' / 

Senate bill foi* An Aet t!o amend' afi Aet entiil^d an Act prescftifoing the 
the mode of assessing and collecting Public Re vefiue, passed Mayl0t,18M, 
was then read a first time, and laid over ufld^ the rutes. 

Mr^Thomas, from the Coidfflittoe'<>t^Engt*OBsedB)n^, reported a9 oturre^ttf' 
engrossed, An Act entitled an Act for the bi^^ re^Ultien of I^ilbts for the 
Bar and Harbbf ef Humboldt Bay ; 

Also, An Act to be entitled an Act amendatory of, and supplelDfentary t^ 
seciiotm fourch and eighth of an Act ^nf tied' an Act oohcen^g^DivorceB^ 
p^sed March 25tl^, 1851 ; 

^ Aicio^ An Act to require' the owners; ebnaigibees, agenta and im|)ortere of 
Flour arriving within this State, to report:.^t£e"daiBe to^the Bom ol Port' 
Wardens of Sie City of San Francisco. 



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And, also, a Coooumnt BeMlution to appoint a coBunitt^a of ftd two 
Houses to draft aod rep^^rt a bill apportioning the State into Senatorial and 
Assembly districts. 

And the report was adopted. 

Mr. Bostwick, firogi the Joint Committee on Enrolled Bills, reported as 
correcUy enrolled, Ab Act to repeal an Act in relation to the city of San 
Francisco, passed May 1, 1851. 

The question of tbi» case of contested seat of Clark V9. Garpentier, tem- 
porarily susp^Mlod to admit the transacting of the foreg<Qikg business, was 
again resumed. 

Geo* Jamea A^ BlieDmigal, oounsel for Mr. Oarpentier, tiben addressed 
the House at some length, in defence of the right of Mr. Garpentier to re- 
titti hill Mat in thSs Hoaae* 

Mr. Crenshaw, on behalf of the coutestant, x^j^iciad^ 

Mr. Smith moved a call of the House, which was sustained, and on the 
roll being called, Mr. Leake was abseiLt. 

The Sergeant-at-Arms was then dispatched to bring in the absentee. 

Mr. Leake appeased at iiie bar of the House, was admitted, and took his 
seat. 

On motion of Mr; Mandeville, further proceedmgs under the call were 
dispensed with. 

Mr. Crenshaw then withdrew his motion, to adopt the resolntion repprted 
by the minority of Jdie Committee on Elections. 

Mr. Brush then moyed the adoption of the resolution submitted by the 
majority of the Commfctee on Elections. 

On which the i^s and nays were demand^, aad ike House refused to 
adopt the resolutiiU) by the following vote : 4, 

AYES. 



Messrs. Blake^ 


Messrs. 


Mandeville, 


Brush, 




McOandless, 


Canney, 




McFarland, 


Fairfax, 




Redding, 


HeydenfeWt, 




Rogers, 


Hunt, 


, 


Thomas, 


Kittredge, 




Wmg-.16. 


Lee, 


nXys. 




Messrs. Bell, 


Messrs 


t. Martin, 


Bostwick, 




Meredith, 


CabauisB, 




McGarry, 


Carjiart, 




McKamy, 


Conness, 




MaMeafi», 


Cardozo, 




Moore, 


CoTacrubiAB, 


r 


Myreft, 


Crenshaw, 
Estep, 




Oliver, 
Pacheco, 



Digitized by VjOOQ IC _^ 



266 



[FlHDAT, 



Messrs. 



E#i!lg, 


Messrs* Proctor, 


Flower, 


Beading, 


Garfield, 


Sime, 


Harrison, 


Snyder, 


Herbert, 


Smith, 


Hoif, 


Taylor, 


Irwin, 


WalVer, 


Leake, 


Teiser, 


Letcher, 


Speaker-^. 



Mr. Crenshaw moved to adopt the resolntion sabmitted by the minority 
of the committee. 

On which the ayes and nays were demanded, aoid the resolotton was 
adopted by the following ^te : 



JLTBS. 



Messrs. Bell, 


Messnu Leake, 


Blake, 


Letcher, 


Bostwiok, 


Martin, 


Gabaniss, 


Meredith, 


^ Canney, 


McFariand, 


Carhart, 


McGarry, 


Gonness, 


McKamy, 


Gardozo, 


MicMeaiffi, 


Govarrubias, ' 


Moore, 


Grensh^w, 


Myres, 


Estep, 


Oliver, 


Ewmg, 


Pacheco, 


Fairfax, 


Proctor, 


Flower, 


Reading, 


Garfield, 


Redding, 


Harrison, 


Sime, 


Herbert, 


Snyder, 


Hoff, 


Smith, 


Hunt, 


• Taylor, 


Lrwin, 


Walker, 


Kittredge, 


Teiser, 


Lee, 


Speaker— 42. 




NATS. . 


Messrs. Brush, 


Messrs. Rogers, 


Heydenfeldt, 


Thomas, 


Mandeyille, 


Wmg— 7. 


MeGandless, 


-' 



The following message from the Governor was receiv^ed, and, with the 
accompanying documents, laid on the table : 



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March 11.] 257 






BdDicia, March 11, 186S, 
To ihe Senate and Assembly of Oalifomia 

I hftTe the honor herewith to tFsmamit a copy of a oommanicaiion reeeiveii 
from the late Secretary of State of the United States, enolosing one fWM 
Soiior Osma, Charge d' Affiiree of Peru. The communioation of Seilor Ob^ 
mais m relation to a decree rendered in the tMstrict Court of the TTnited; 
States for the Northern District of California, on the 24th day of Juljj 1851,; 
in &vor of Jos^ Fernando Santiago, and against David B. Morgan and 
ofhers, pilots of the port of San Francisco, for the siim of $24,161 29, for- 
tte aQeged negligent loss of the Peruvian bark Eliza, on the 5th of Jan* 
Tuwy, 1851. 

The subject is one of some importance, and I have, therefore, deemed itf 
my duty not only to transmit the papers above referred to, bnt' to staite tbaA 
I dissent from the views expressed. ' 

Senior Osma, in his commanicati<m, informs the Secretary of State* that 
he has been instructed by the Peruvian Grovemment to apply to the ITnitedl 
States, to obtain from it the reparation deemed due to a Peruvian eitiaen fev 
the loss complained of. The United States Government can answer for Itr^ 
self, as to the responsibility it incurs for an alleged dereliction of duty on the 
part of a State officer, or rather an individual not representing any depai*t^ 
ment of the State Government, but ading as an individual in a special ea-r 
parity under its authority. 

SeSor Osma assumes the position, that if ^ Pilots' Association was es-» 
tftbfiahed by authority of the State, and foreign yessels required to provide 
Uiemselves with pilots belonging to such association, then is the State resp6ii^ 
siAe for the conduct of those compofflng the company or association. Sefior 
Osma assumes what the law does not impose. The law of this State regu^ 
hting pilotage, so far as respects the port of San Francisco, leaves it op- 
tional with £e masters or owners of vessels to take on board a pilot or not^ 
whether inward or outward bound. In this regulation there is no distinction, 
made between national and foreign vessels. In case a pilot offers his ser^ 
vices, and such service is revised, half pilotage is demanded, and this, as 'ft 
matter of State police, gives character to the regulation, and fe in fact a 
port charge. The system established by this State is analogous to that of 
the principal commercial States of the TJmon, without the introduction of any 
Bew principle. And, indeed, if whole pilotage irere demanded in such cases, 
fte cqpsequence, as it regards the private parties concerned, or the author- 
iiy of the State to enact such regulation, would be the same. The State 
laws regulatibg pilotage are not absolute, though the authority of the Stati 
is sufficient for that purpose. 

Bie several acts of Congress recognising the validity of these laws may 
be treated as a part of the revenue system of the United States, or more 
generally as a recognition of an international rule based upon the necessiiy 
of genend intercommunication between nations, under the respective States 
or Governments adopting them, with such modifications as local circum- 
stances require. No civilized government at this day, it is believed, dis- 
peoaes with such regulations. The Peruvian Government is certainly Mt 



•33 



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258 [Fbidat, 

an Qzoeptioii. Long established usage respecting the law of insurance hav- 
bg rendered a resort to the adrantages of this system indispensable through- 
out the world. 

Sefior Osma calls upon the Secretary of State to see that the decree of 
ilie District Court is carried, into eiTecty and suggests that the Marshal has 
fisdled to satisfy the execution issued thereon. Upon an examination of the 
records, it appears, howoyer, that the legal remedy upon the decree was 
not exhausted. The Manshal states in bis return upon the execution, that 
be levied upon property, which he would not sell, until he was indemnified 
by the libellants. The inference, therefore, is, that the property was claim- 
ed by third parties, and where personal property levied upon, is dius clsdmed, 
no sale can be made unless an indemnity is given, if demanded. In this 
case it was demanded and refused. The Marshal had, therefore, no alter- 
native but to make the return he did upon the execution, and nothing further 
was done in Court ; hence, it does not appear that if the plaintiffs had rei* 
sorted to a complete remedy that their decree would not have been satisfied. 
The law establishing pilotage, moreover, requires that each pilot shall, be- 
fore the granting of his license, give a bond in a certain penalty for the 
faithful discharge of his duty. This bond is required as security for those 
injured by the misconduct of any individual Pilot. No attempt has been 
made to secure the amount of this penalty upon Morgan's bond, thus pre- 
senting another instance in which the libellant has failed to exhaust the 
plain and adequate remedy afforded by law, in cases of misfeasance. 

The State, it is maintained, is not responsible for the misconduct of a 
pilot, because a pilot is not an officer of die State in any sense. A Board 
of Commissioners is created by law, to grant licenses to competent persons 
to act as pilots, but no revenue is derived to the State from these licenses. 
The establishment of pilotage is not necessary for the administration of the 
State goveri\ment, though by the law regulating pilotage, the State acquiesces 
in the universal system adopted by governments. The State is no more 
responsible for the conduct of a pilot acting under a license from the com- 
inissioned officers of the State, than for any other person performing a public 
duty under a licence, or under a commission. Auctioneers, commission mer- 
chants, retail dealers, &c., &c., act under statutory regulations, and even 
pay a revenue to the State ; but a citizen of Peru dealing with them, acts 
upon the law of contract, determined by the existing local law, and the 
State is ilot the insurer of their fidelity in busmess transactions. So, alsO| 
with the contract^for pilotage. There is an option to make the contract or 
refuse. By the refusal, the vessel subjects itself to an additional port charge 
<>f half pilotage. If, however, the contract is made, it is entirely private. 
It is, in fact, simply a contract between individuals of two goveniments, with 
which the governments have no connection. 

If the recognition of the general system of pilotage by this State, estab- 
lishes its responsibility for all pilotage contracts, the government of the 
United States could not escape from an equal responsibility, for the rea- 
son, that the United States have adopted the pilotage laws of the several 
States, by Acts of Congress, either as a part of the revenue laws, necessary 
to their complete enforcement, or by an express acquicsceace in the inter- 
actional usages of the world. 

Without further remark, the subject is commended to your careful con- 

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Maboh 11.] 259 

dderaiioD, with the suggestion that cmch instractionsbe ^yen in the pre- 
mises as jou may deem proper. 

> JOHN BIGLER. 

(See Senate Appendix, No. 88'.) 

Od motion, at 8 o'clock, P. M., the House adjourned. 



HOUSE OF ASSEMBLY. 

Saturday, Macch 12, 1858. 

House met pursuant to adjournment. 

The Speaker in the chair. 

The roll was called by the Clerk, and the followmg members were absent : 

Messrs. Carliart, Covarrubias, and Reading, of Trinity. 

On motion, leave of absence for one day each was granted to Messrs. 
Gardner and Johnson. 

The Journal of Friday last was read and approved. 

Mr. Meredith presented a memoiiai, purporting to be signed by pensons 
of color, asking for an amendment to the Act to jcegulate proce^inga in 
civil cases, in the Courts of Justice of this State, so as to allow QcJ^redf > 
persons to testify in Courts of Justice of this State. 

Mr. Carbart -moved that the petition be rejected by throwing the same 
out of the window. 

The Chair (Mr. Canney in the chair,) decided the motion to be out of 
order, and stated that the Chair would entertain a motion to reject. 

Mr. Carhart appealed from the decision. 

The question then being, *' Shall the decision of the Chair stand as the 
opinion of the House ?" 

And the decision was sustained. 

Mr. McFarland moved that the memorial be rejected. 

Mr. McCandless moved, as an amendment, that it be burnt. 

The Chair decyled die amendment to be out of order. 

Mr. Leake appealed trom the decision of the Chair, and on the ques- 
tion, " Shall the tiecision of the Chair stand as the opinion of this]House?'' 

The ayes and nays were demanded, and the decision was sustained by 
the following vote : ^ 

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260 



[SiTfiWAr; 



ATMS. 



Messrs. Blake, 


Messrs. Meredith, 


.Bosti^^k, 


McParland, 


Brush, 


McGarry, 


Cabaniss, 


McKamy, 


Conness, 


Moore, 


CovarrubiaSy 


Oliver, 


Estep, 
Garfield, 


Owen, 


Pacheco, 


Hoffi, 


Redding, 


Hunt, 


Rogers, 


Irwin, 


Snyder, 


Kittredge, 


Taylor, 


Letcher, 


Tilghman, 


Martiu, 


Wing— 28. 




NATS. 


Messrs. Bell, 


Messrs. Leake, 


Caldwen, 


Mandeyille, 


Carhart, 


McCandless, 


Cardozo, 


McMahon, 


' 'OtettAaw, 


McMeans, 


Ewing, 


Myres, 


Fwrfax, 


Proctor, 


Flower, 


Beacfeg, 


HarrisMi, 


Thomas, 


Herbert, 


Walker, 


H^denfeldt, 


Yeisep— 28. 


Lee, 





< f Thi^ qlsestion then beiag ^oti' the rege^^tion of the memorial — 
■'irki^'kyes and nays were demanded, and it was rejected by the folltnr- 



AtXS. 



Messrs. Bell, 
^Blake, 

J Bostwicky 

Brush, 
Cabaniss, 
Caldwell, 
C^noey, 
Carhart) 
..Conness, 
,1 ' Cvdozo, 

Crenshaw, 



Messrs. Mdindeville, 
Martin, 
Meredith, 
McCandless, 
McFarlan^, 
McGarry, 
McK^my, 
McMahon, 
McMe&s, 
. Mooi;©, 
. Myres, 
Ofiver, 



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Maboh la] 2:61 



Messrs. Estep, 


Messns. Oweu, 


Ewing, 


Pacheco, 


Fairfax, 


' Proctor, 


Flower, 


Beading, 


Garfield, 


Redding, 


Hftrmon, 


Rogers, 


Herbert, 


Sime, 


Heydenfeldt, 


Snyder, 


Hoff, 


Taylor, 


Hunt, 


Thomas, 


Irwin, 


Tilghman, 


Eittredge, 


Walker, 


Lee, 


Wing, 


Leake, 


Yeiser— 63. 


Letcher, 





NAYS — nonCa 

On motion of Mr. Heydenfeldt, the Clerk was directed not to file the 
memprial amongst the papers of this House. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled An Act to repeal the first section of an Act entitled an 
Act appropriating moneys to naeet the contingent expenses of Govern- 
ment, approved May 4, 1852 ; 

Also, Concurrent Resolution to appoint a Joint Committee in transla- 
tion of laws into Spanish ; 

Also, An Act to unite the offices of Clerk and Recorder of Tulare 
county; 

And also. An Act amendatory of an Act entitled an Act to incorporate 
the city of Sacramento, passed 1851. 

And the report was adopted. 

Mr. Yeiser, from the Judiciary Committee, submitted the foUowiqg re- 
port: 

Mr. Speaker: 

The Judiciary Committee have had under consideration An Act to 
amend the Act to regulate proceedings in civil cases in Courts of Justice 
ojf the State of California, in respect to appeals from Justices' Courts, in 
certain cases, and recommended that the bil]^ be not passed. 

They also report back An Act to legalize certain official acts of William 
J. Lewis, County Surveyor for the county of Santa Clara, in accordance 
w;ith instructions, and recommend that the bill be passed with the pro- 
posed amendments, as section 2. 

Your Committee have also carefully considered a resolution instructing 
the Judiciary CommiUee to inquire into the expediency or inexpediency 
of revising, amending and codifying certain Acts. , 

And submit the accompaaying bill entitled An Act to provide for the 



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262 [Saturday, 

compilation and publication of the Laws of the State of California, and 
the payment thereof, as the result of their deliberations. 

FREDERICK YEISER, 
Chairman. 

Assembly bill for An Act to amend the Act to regulate proceedings in 
civil cases in Courts of Justice of the State of California in respect to ap. 
peala from Justices' Courts in certain cases, was then taken up and laid 
on the table. 

Assembly bill for An Act to legalize certain official acts of Wm. J. 
Lewis, County Surveyor of the county of Santa Clara, was then taken 
up amended, read a third time and passed. 

Assembly bill for An Act to provide for the compilation and publica- 
tion of the Laws of the State oiCalifomia, and the payment thereof, intro- 
duced by Mr. Yeiser from the Judiciary Committee, was then read a 
first and second time, and referred to the Judiciary Committee. 

Mr. Cardozo, from the Committee on Commerce, reported back Senate 
bill for An Act relative to Port Wardens in San Francisco and Sacramen- 
to, and other Ports of California, with amendments, and recommended its 



The bill was laid on the table, and made the special order for Tuesday 
March 15, at 12 o'clock, M. 

Mr. Maudeville, from the Committee on Roads and Highways, reported 
back. Assembly bill for An Act to amend an Act concerning the Courts 
of Justice of this State and Judicial Officers, passed Marcn 11, 1851, with 
a recommendation that the bill be laid on the table. 

The report was adopted, and the bill laid on the table. 

Mr. Thomas, from the Committee on Engrossed Bills, reported as cor- 
rectly engrossed, An Act to create the County of Alameda and establish 
the Seat of Justice therein, to define its boundaries, and provide for its 
organization. 

And the report was adopted. 

Mr. Wing submitted the following report, which was concurred in : 

Mr, Speaker: 

The joint committee of conference upon the disagreeing vote of the two 
Houses, on the bill entitled An Act to provide for the contingent expenses 
of the Supreme Court and State Officers, have had the same under con- 
sideration, and report : 

Amend Assembly bill by inserting after the word " of," in line two, the 
words " Governor's Office." 

Amend the title, so that it will read "An Act to provide for the con- 
tingent expenses of the offices of Governor, Treasurer, Comptroller, and 
Secretary of State, and of the Supreme Court." 

Ypur committee also recommend that the Assembly recede from its 
disagreement to Senate amendment. 

Respectfully submitted, 

AUSTIN WING, 

Ch. Assembly Committee. 
J. WALTON, 

Ch. Senate Committee. 

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Haxch 12.] 263 

Mr, Thomas, from the delegation from Butte County, to whom w;as 
referred a petition of citizens of that county relating to the county seat, 
reported the same back, with a bill for An Act establishing the Seat of 
Justice of the County of Butte, and amending the 2Lst section of an Act 
dividing the State into Counties, and establishing Seats of Justice therein, 
passed April 2oth, 1851, and rccommendad the passage of the same. 

The bill was then read a first and second time, the rules suspended, it 
was then read a third time, and passed. 

Mr. Redding, of Yuba, from the select committee, reported back Assem- 
bly bill for An Act to divide the County of Trinity, and form a new 
connty out of the western portion of the same, to be called " Humboldt," 
with amendments, an.d tccomraended the passage of the same. 

The amendments were then adopted, and the bill read a third time, 
and parsed. 

Mr. McFariand, from the select committee to whom was referred Senate 
bill for An Act to amend an act passed 15th March, 1851, entitled an Act 
to provide for > the Translation of the Laws into the Spanish language, 
and also to amend an Act passed April 24, 1852, of the same title, re- 
ported ihe same back, and recommended that it I)c passed. 

The report was adopted, and the bill read a third time and passed. 

Mr. Heydenfeldt introduced a Joint Resolution relative to the Law 
Library at the City of San Francisco. 

Which was read a first and second time, amended, and referred to the. 
Judiciary Committee. 

Mr. Blake submitted the foUowing resolution, which was adopted : 

Resolved^ That the Governor be informed that, on yesterday, the As- 
sembly adopted a resolution declaring the seat heretofore occupied by 
Horace W. Carpentier, vacant. 

Mr. Martin introduced a bill for An Act to amend an act entitled an 
Act to autliorize the construction of a Wagon Road from Humboldt Bay 
to the Sacramento Valley, approved April 28, 1852. 

Which was read a first and second time, and referred to the Commiitee 
oa Roads and Highways. 

Mr. Garfield introduced a bill for An Act to enforce the payment of 
Licenses iu this State. 

Which was read a first and second time, ar^d referred to the Judiciary 
Committee. 

Mr. Reading, of Trinity, inUroduced a bill for An Act to authorize the 
construction of a Wagon Road from the Free Bridge House, on Clear 
Creek, in Shasta County, to WeaverviJle, in Trinity (jounty. 

Which was read a first and second time, ^d refeired to the (/ommittee 
ofi Roads and Highways. 

Mr. McMahon introduced a bill for An Act for the more effectual dis- 
tribution of the Laws, Journals, and Public Documents of the State of 
California. 

Which was read a first and second time, and referred to the Committee 
on Education. 

On motion of Mr. Myres, Assembly bill for An Act to provide for the 
protection of Foreigners, and^to define their liabilities and privileges, was 



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264 [SlTORBAY, 

taken from the table, and made the special order for Wednesday, March 
16, at 12 o'clock M. 

Mr. Ewing introduced a bill for An Act for the relief of Wm. Waldo. 

Which was reM a first time, and laid over under the rules. 

Mr. Redding introduced a bill for An Act to ascertain and provide for 
the payment of the debt due from Sierra county to Yuba county. 

Which was read a first time, and laid over under the rules. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported 
that they had this day presented to the Governor for his approval, An 
Act concerning repealed Statutes; 

An Act to prevent extortion in office and to enforce official duty; 

An Act to repeal an Act in relation to the city of San Francisco, passed 
May 1st, 1851; 

And the report was adopted. 

Mr. Reading of Trinty, presented the claim of M. (J. Dougherty, for 
$25 for services rendered the State. 

Which \vas read, and referred to the Committee on Claims. 

On motion of Mr. Myres, Assembly bill for An Act recommending to 
the electors to vote f3r or against calling a convention to revise and 
change the entire constitution of this State; was taken from the table, 
and made the special order for Friday, March 18, at 12 o'clock M. 

The following message was received from the Senate : 

Mr. Speaker: 

The Senate yesterday passed An Act to amend an Act entitled an Act 
declaring certain rivers and creeks navigable, passed February 18, 1851. 

And this day refused to recede from the vote adopting a substitute to 
Assembly Joint Resolution concerning the Historical Society of the State 
of California. 

And appointed Messrs. McKibben, Crabb, and Lyons, as a Committee 
of conference on the disagreeing vote of the two Houses. 



By order of the Senate : 



lOth March, 1853. 



A. C. BRADFORD, 

Secretary of the Senate. 



Senate bill for An Act to amend an Act entitled an Act declaring cer- 
tain Rivers and Creeks navigable, passed Feb. 18, 1851, was then read 
a first time, and laid over under the rules. 

Senate bill for An Act to ipiend an Act entitled an Act prescribing the 
mode of assessing and collecting. Public Revenue, passed May 1st, 1851» 
was then read a second time, and referred to the Committee on Ways 
and Means. 

Senate bill for An Act to provide for the payment of the claim of the 
"Pioneer Upholstery ;" was then read a second time, and referred to the 
Committee on Claims. 

Senate bill for An Act to change the name of Alfred Morgan, to Alfred 
Grey Morgan, was then read a 'second time,- and laid on the table. 



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Mabch 12.] 265 

Senate bill for An Act for: the i^licf of J. D, Monnett, Itf. D., for servi- 
ces rendered sick emigrants, was then ree^d a second tirpie, and referred to 
to the Committee on State Hospitals. 

Senate bill for An Act for the payment of Certain Perjsons Ithereiii 
named, for services rendered and materials furnished, was then read a 
second time and referred to the Committee on Claiips. . , . 

Assembly bill for An Act entitled an Act' for the better regulation of 
Pilots for the Bar and Harbor of Humboldt Bay, was then taken up, read 
a third time and passed. 

The following message was received from the Senate : 

Mr. Speaker: 

The Governor approved, on the 10th inst, An Act to prevent the estab- 
lishment of Pest Houses within the limit of any town or city in this 
State; 

And Jdnt Resolution in r^lttion to (he/Htofoet of Santa Cruz ; 

And An Act entitled an Act for the relief of Taaffe, McCahill & Co., 
for carpeting, &c. ; 

The Senate this day adopted the report of the joint committee upon 
the disagreeing vbte of the tWo Houses, on the bill for An Act to provide 
for the contingent expenses of the Supreme Court and State Offices ; 

And passed this day. An Act to authorize the Comptroller to issue, and 
the Treasurer to register, a WarrMt in lieu iif one destroyed by^flii. 

: By ord^rirf-theSehate-: ^ • -' : ^ '. 

. ; .► - ) ..i ' ' .. . -'i: ■.-.:' i . - «./ --. . - 

'. . ' A. C. BRADFORD, i . » 

. '- / . • S^retary oiftheSfenaie. '•■' 
March 12, 1853. : . . ; 

Senate biUfor An Act to atit^Kx^iKe the Comptroller toiss!ie,^'firid:the 
TkeftSQrer to register, a Wafttant inlieii 6f on^de^troy^'foy fee, w^ theii '- 
f read a first and second time, the rules suspended, it was then read tt' third ' 
; time, and passed. ' / ' . ; r. 

The GovemoT's message, transmitledtb this House, yestievdei^, t^lalftig 
tothetdatiD of the Peruvian bark Elisa^ was then taken Ufj and two ^ 
hundred and forty copies ordered piioted, idgethei' with theatK^<)(n^jiMiji^ug'i 
documents. * ^ . j --i • rv j .' / 

Mr. Bostwick, from the JoiAt O^Moimuitto.Tbn Enrolled Bills, ff^)OTMi 
that they had this daypresenti^d ikd the! .Govemos/for/his ^approvsil^Aii- > 
Aet to wiite the <^ffic^ of CHefrk and Beewddr.ff Tulftte Cottnity p > 

An Act amendatory of an act entitled an Act to Incorp<H»(e the Ciltf^ai. > 
Sacramento, passed 1851 ; ' . .. - : i ... 

And Aa Act to repeal tb^ $rs^ 9ectioa:pCan Aptionti^jed an Act uppio- 
priating moneys to meet the Contingent IQisjpen^es of Government approved , 
May 4, 185^. " :...•;..•..-. -^ . r. :. ; ■. " 

Mr. Thomas, from the Committee on Engrossed Bills, r9p<^d.aa43OT- ., 
rectly ei^rossed. An Act to l^^zq . ceg^itx official ^tsoj^ Willi^^ip/. 
Lewis, Coimty Surveyor ifor the Uoiinty 6i iSanta Clara; 
•34 

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266 [^QKDAT, 

Also, An i^ct establishing tl^ Seat of Justice of the Ciounty of j^tte, 
and ainendi^g the twetity-first section of an Act entitled an Act dividing 
tb^ State into Coiintiesj and establishing Seats of J^tice therein, passed 
April 2fi, 1861. 

Aiiil the report was iidopted. 

On XQptionj at three o'clock, V. M., the Efotise adjourned4 



HOUSB'OF ASBBMBLT. 

MokpaTt, March 14, 1868. 



>ii'' 



The.^n^^ met pmsoaQt to. a^JQnrwfjmtM 

The Speaker in the chair. 

The roll was called by thet Qerkiiamd Qx^ following members were ab- 
sent : — Messrs. Blake, Canney, Carhart, Conness, Cardozo, Covarmbias, 
Crenshaw, Eydi^^ ^fdrfbx,; Flower, Johnson, Lee, Leake, Martin, Mere- 
dith, MoEWlftlidy »M«6^^ Moore, Myres, Pacheco, Proctor, Rabinson, 
Sime, Taylor, Tilghman and Yeiser. 

On motion, -leave of absence for one day each, was eranted to Messrs. 
Ci^sl^f^lif, Itjlppr^ri Af^iG'arlf^ Ik^ M^r^oiih, Loe, Yeiaery 

F^ffz,jJ^jiak?^ ^im^^ JEvrmgiWi Vt^tor; t«> Mis^ Johnson, one week -- 

The Journal of Saturday last was read and approved. 

JMirf;McMfHW:0^ GevemortotEttifi- 

mii\'h AJ^.£bn8e all;paf»ei» en£le inihis.Bepartnvni i^laitibg to ike sale of 
B«ftdhj«ik^iW^ Pvopei^iB the year l^^O^i 

Which was read and adopted. 

>M]viBt8Midll,fiN«ki>iihaJomt(>»mni^ Bills, reported as 

coofecflf/'nii^ediAn Aettto priDVide fair the contingent eorpens^s of ik^ 
offices of Qo^mor, Tteasuret, Gowptroller uidBecretto^of State, and of 
ih^i^«|pbbni:Oiani> 

And the report was adopted. 

lifitiiTh^if^s^ibmiHM a^ Jeitit Resokfioii h^ rel^tiion io th«9 estaUMimeiit 
of J^i^HtiOSota itild MmI' Aoutes hr the noriU^^n part of (he State. 

Which was read a first and second time^ and referred to the Committee 
on!F%d«riitl66Mttbns. ' 

•X^k^je^ ifNh^Teceiyied from; the Odteitnof^.i^ojWi^ the Assembly that 

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Mab(^14.] 



267 



he had ibis day approved An Act to repeal the first section of an Act ap- 
propriating moneys to meet the contingent expenses of Government, ap- 
proved March 4th, 1852. 

Senate bill for An Act to amend an Act entitled an Act declaring certain 
rivers and creeks navigable, passed February 18th, 1851, was then read a 
second time, laid on the toUfl, mi ^o Imi^vdA add forty copies ordered to 
be Drinted. 

On motion of Mr. Hoff, Assembly bill for An Act for the punishment of 
the enmes of Adultery and Polygamy, was taken from the table and referred 
to a select conmiittee of three. 

The Chair appointed, as such eiaami^tt^ ,|^9flm. Kit^dg^, P^ Imd 
Hevdenfeldt. . ^" \ > 

On motion of Mr. i^Uttredge, Aamnbhr b|ll |pr An 4<^ eoiai^anai^ iBiMs 
and Highways, was ordered to be printed. 

Mr. Gabaniss, at 2 o'clock, P. M.,, move^ to adjoopi. 

On which the ayes and nays were demanded, and the Hoaa^. t^w^lA 
bjr the following vote : . 



Messrs, Bostwick, 


Messrs. MandeviHe^ 


Brush, 


iMoSaihy, 


Cabaniss, 


McMahoU; 


Gwdner, 


MoMeans, 


Readings 


Hwrisoa, 


BadUing, 


Irwin, 


Rogers, 


Kittredge, 


Snyder, 


Knight, 
Letcher^ 


Soiitii, 


Wing-^0. 




HAYS. 


Messrs. Bell, 


Messrs. McCandless, 


Caldwell, 


Oliver, 


Garfield, 


Owen, 


HaUy, 


Oaicnas, 


Herbert^ 


Walker, 


Heydenfeldi^ 


WeUs, 


Hoff; 


Speakei^l^. 


Hunti 


■ ' . ' • 1 



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368 {TmssDAir, 



./ 



f; J • < . ... . . • • 

1 : HOTJSE OF ASSEBMLY^ 



i T '. ; • ^t ••'tufesDAY, MBlrch 15, 1853. 

: Tkb Houfie met pursu&nlrto a^aAment. • ' 

The Speaker in the cRair. , . . . ^ , 
^J l?he;#^ w«9 callefl by the Clerk, afid- the folloviug meifabers w^re ab- 
sebt: , . . . ', 

Messrs. Leake, Martin, McKamyi Mpore, Proctor, Rogers, Smith, 
^Ighnifto and Yeis^r. ' ' " 

On motion, leave of absence was granted to Messrs. Proctor and Martin 
for one day, and to Mr. Pacheco for three days. 

The Journal of Monday last was rcfid and approved. 

Mr. Owen, from the Committee on Corporations, reported back Assembly 
bill for An Act supplementary to an Act to incorporate the city of Los An- 
geles, passed April 4th, 1850, without amendment, and recommended its 
passage. 

The report was adopted, and the bill considered, and ordered engrossed 
for a third readiQg. 

Mr. Crenshaw, from the Committee on Claims, reported back the petition 
of Clark and Craine^-widi a bill for An Act for the relief of Reuben Clark 
and Wm. Craine.- 

Which was read a first and second time, considered in committee of the 
whple, reported'baek without amendment ; the rules suspended, it was con- 
sidered engrossed, read a third time and passed. 

Mr. Yeiser, from the Judiciary Committee, submitted the following re- 
port : 

.>■ 'f- •'. ' 

Mr. Speaker: /■' ' > '' 

The Judiciary CcoBinSttee to whom was referred a joint t^solution relative 
to the Law Library sit the City of San I^rancisco, beg leave to report it 
back, recommending' its passage, with an amendment, via : 

Add followibg-prdviso : Provided the same shall not interfere with the 
number of copies required by law to be kept in the State Library. 

They have also considered An Act to enforce the Payment of Licenses 
in this State, the passage of which is recommended without amendment. 

Your Committee also unanimously recommend the passage of An Act to 
provide for the compilation and publication of the Laws of the State of Cal- 
ifornia, and the payment thereof, with the following amendment: Lisert 
after the word " laws," in second line of section 3, £e words " of a public 
and general nature." 

And report back An Act to amend an Act entitled an Act concerning the 



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Mabxm 15.] 



269 



the Courts of Jnsticq of this State and Judicial Officers, passed March 11, 
1851, and 

An Act to amend an Act entitled an Act to regulate proceedings in crim- 
inal cases, passed May 1st, 1851, and recommended that they be not passed. 

Also, An Act to amend an Act ooBceming the Courts Justice of this 
State and Judicial Officers, passed March 11th, 1851, and recommend that 
the bill be not passed, for the reason that the House has passed an Act of 
similar nature during the present session. 

FRED. YEISEB, 

Chairman. 

The report was read, and, 

On motion of Mr. Caanej, kdd on the table, together with the accompa- 
nying bills. 

On motion of Mr. Heydenfeldt, Assembly Joint Resolution relative to the 
Law Library at the city of San Francisco, was taken from the table, the 
amendm^ts reported by the , Judiciary Committee adopted. 

The resolutions was then considered ej^grpssed^ read a third tune, and 



Assembly bill for An Act for the relief of William Waido, was then read 
a second time, and referred to Ibe Com^ittee on Claims. 

On motion of Mr. Cafmey, Senate bill for An Act authorizing the iappoint- 
ment of Book-Keeper to the Comptroller qf State, and temporary Clerk i<a 
the department of Treasurer of State, and to provide for their payment, wajp 
taken from the table. . . . 

On motion of Mr, Canney, the House then went injto committee of the 
whole, CMr. IJeydenfeldt in the chair,) on the coiisideration of the bill^ 
and havmg considered the same^ rose, and reported it I^ack without amend- 
ment, and recommended its passage, and asked to be. discharged from further 
consideration of the subject. 

Whiph was granted. 

The bill was then read a third time, and on the question, ^^ Shall the bill 
now be passed ?'' the ayes and nays were demanded, and the bill was passed 
bj the following vote : . 

" ' ■ . '' . ' 

AYES. 



Messrs. Sell, 


Messrs. Mandoville, 


Blake, 


McFarland, 


... Caldwell, 


McGarry, 


Canney, 


McMahon, 


Conness, 


Myres, 


Cardozo, 


Oliver, 


Covamibias, 


Owen, 


Crenshaw, 


Reading, 


Estep, . 


Redding, 


Flower, 


^ Snyder, 


Gardner, 


Smith, 


Heydenfeldt, 


Thomas, 


Hoff, > 


Tilghman, 



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m 



[TOBSU^y, 



Messrs. Knight, 


Messw. Walker, 


Lee, 


Yeiser, 


Leake, 


Speaker— '82. 




f^ATS. 


Messrs. Bostwiek,' 


Messrs. Letcher, 


Brush, 


McMeans, 


Cabaniss, 


Robinson, 


Ewing, 


Rogers, 


Hally, 


Sime, 


Harrison, 


Taylor, 


Herbert, 


Wells,' 


Hunt, 


Wing— 17. 


Kittredge, 





Mr. Bostwick^ from the Joint Committee on Enrolled WtiSj repoH;ed as 
•Correctly enrolled An Act to authorize the Oomptrofler to issue, and the 
Treasurer to register, a Warrant in lieu of one destroyed by fire. 

And the report was adopted. 

On motion of Mr. McCafidless, -Senate hill for An Act relative to Port 
Wardens in San Frandsco and Sacramento, and other Ports of California, 
ttade the special order for this day, at 12 D^clock, was taken from tiie 
table. 

On motion of Mr. Canney, the House went into committee of the whole, 
(Mr. Heydenfeldt in the chidr,) on the consideration of the bffl ; and hav- 
ing rejected the amendments reported by the Committee on Commerce, 
rose, and reported the bill back without amendment, and asked to be dis- 
charged from further consideration of the subject. 

Which was granted. ' 

Mr. Flower moved to amend the third section by adding the following : 

" Providedy Nothing in this bill shall be so construed as to prevent 
owners, consignees, or other parties interested in goods and merchancBse, 
from calling in competent judges to ascertain the amount of damage to said 
goods and merchandize, after the same may have been declared damaged 
by a Port Warden's survey." 

The question then being on the adoption of the amendment, the ayes and 
nays were demanded, and the House refused to adopt by the following 
vote : 



AYBS. 



Messrs. Couness, 


Messrs. Reading, 


Estep, 


Redding, 


Flower, < 


1 Robinson, 


Hally, 


Rogers, 


Harrison, 


Sime, 


Hoff, 


Taylorj 



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Mabcw 15.] 



at I 



Messrs. Knight, 


Messrs. Walker, 


Letcher, 


Speaker — 17. 


MandeYiUe, 






NATS. 


Messrs. Bell, 


Messrs. McCandless, 


Blake, 


McEarlaad, 


Bostwick, 


McGarry, 


^ Caimey, 


McKamy, 


Carhart, 


McMahoB, 


Gardozo, 


MoMeans, 


Covarmbiwy. 


Moore, 


Crenshaw, 


Myres, 


Ewing, 


Oliver, 


Garfield, 


Owen, 


Hejrbert, 

Heydenfeldt, 


Snyder, 
Smith, 


Hunt, 


Thomas, 


Irwin, 


Tii^mw, 


.i^ttredff. 


WeUe, 


Lee, 


Wing, 


Leake, 


YeiaeitT-gS. 


Meredith, 





Mir. Taylor moved the following as ai[i amendment : 

Add to section 10, ihe wqird«, ^^ on sales over five hundred doUitf», and 
five dollars on all. sales under five hundred dollars: Prot^ufeef, that they 
shall not charge for more than one order of sale to each owner, agent, or 
consignee." , 

On the question of the adoption of the amendment, the ayes and nays 
were demanded, and the House refused to adopt by the following vote : 

AYES. 



Messrs. Bostwiok, 


Messrs. Letcher, 


ConnesB^ 


Mandeville, 


Estep, 

Ewing, 

Flower^ 


Beading, 
Bedding, 
Bobinson, 


HaDy, 

Hfu^n, 

HeydenfeWtj 

HofiF, 

Knight,. 


Bogers, 

Simey 

Taylor^ 

Walker, 

Speakea^^aa 



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na 



[TtJBBI>AY, 



NATS. 



Messrs. Bell, 


Messrs. McGarry, 


Blake, 


McKamy, 


Canney, 


' -' McMahon, 


^Carhart, 


McMeans, 


Cardoso, 


Moore, 


Covarrubias, 


Myres, 


Crenshaw, 


Oliver, 


Garfield, 


Owen, 


Herbert, 


Snyder, 


Irwin, 


Smith, 


Eittredge, 


Thomas, 


Lee, 


Tilghman, 


Leake, 


Wells, 


Meredith, 


Wing, 


McCandless, 


Yeisei>-81 


McFarland, 





Mr. Bobinson moyed to amend as follows : 

Amend section eleven, by striking out the word ^* section," and insert the 
word " Act." 

The question then being on the adoption of the amendment. ' 

The ayes and nays were demanded, and it was lost by the following vote : 



ATES. 



Messrs. Conness, 


Messrs. Letcher, 


Estep, 


* Mandeville, 


Ewing, 


Reading, 


Flower, 


Redding, 


Hally, 


Robinson, 


Harrison, 


Taylor, 


Hoff, 


' • Walker, 


Knight, 


Speaker— 16. 




NAYS. 


Messrs. Bell, 


Messrs. McGarry, 


Blake, 


McEamy, 


Bostwick, 


McMah(» 


Canney, 


McMeans, 


Cardozo, 


Moore, 


Covarrubias, 


Myres, 


Crenshaw, 


OUver, 


Garfield, 


Owen, 


Herbert, 


Rogers,^ 


Heydenfeldt, 


Snyder, 


Lrwm, 


Smith, 


Eittredge, 


Thomas, 



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ae.] 



ev3 



Meesra. Lee, 


- Messrs. O^ghmui, 


Leake, 


Wells, 


mnsmh, '. ■ - 


Wing, ..i.^ 


McOanDeM, 


Yei8e»Mi88i 


Mo]?aiiiMC,' 


• :• ;i 



On motion oftMffviMliMeanBy the bill was then read jilUoi iime. 

■^.•; ;v > 

Mr. Moore moved' tb^ previous question. ' 

And on the queatteft,'^^ Shall the mam question now be< pulf'^ the ayes and 
nays were demanded^ iftld the motion was sustained bv^thefbtibwing vote : 

AYES. =^ 



Messrs. Bell, 


Messrs. McGany. i 
McEamj; > 


Bl^kev > 


Bostwi0k^ < 


MeliCahofl^' 


Cardozo, 


McMtdks, •' 


ObvanmbiiB) 


Meows- :^^': 


Crenshaw, 


Oliver, 


Herbert, 


Owen, 


Irwin, 


Rogers, 


Eittfiddge, 1 


Snyder, 


Lee, 


Smith, 


Leake, 


Thomas, • 


Maadeville, 


Tilghman, 
WeUs, 


Meredith, ' 


McCaodlesS) 


Wing, 


McFa;rlattd, 


Teisei^-*0. 


' 


NAYS. 


MesKM. €«Diie)r, 

ConnesS) 


M<«itt.-Kiiirfit, ' '• 
' ' Letcher, 


Estep^i • ^ 


^•Mytes, * 


^Ewlng, • 


Blading, 


Fkrwer, 


^tteddinfe, 


Garfield, 


Robinson, 


aally. 


Sfene, 


Harrison, 


Taylor, 


He^enftldi^ 


"' •^i>-' ' ■ ' 6pea*e^-19:'••' 


HofiF, 


'■ \ -Jilt 



.1 . 



The mam question was then put. ^la/A 

On which thenajfea and nafi ^re demanded, and the bit irttfT^ansd by 
the following vote :. 



^ 



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274 



{TxmoAt^ 



▲TE8. 



Messis. Bell, 


Messrs. McFarlaaiy 


Bli£k4^^ 


M<sGarry, 


Bostwicky 


McEamy, 


Canney, 


McMahon, 


. ClffidQIEO, 


McMeaoB,. 


GoyarrubiaSy 


Moore, 


Crcnahaw, 


• Myres, 
OHyer, 


; . JOY ■ . ■ Herbert, 


Owen, 


Hejdenfeldty 


Eogers, 


Irwiu, 


Snyder, 


Eittredge, 


Smith, 


Lee^ 


Thomas, 


Leake, 
Maiidevine, 


Tilghman, 


Meredith, 


WingJ 


McCaodless^ 


YmQx^^4j 


» 


NAT^. 


Messrs. Coxmess; 


Ilfessrs. Leteher, 


. Estep, 


Beadmg, 


Ewing, 


Bedding, 


Flower, 


RobinaoD, 


HaUy, 


Sime, 


Harrison^' 


Taylor, 


Hoff^. . 


Watter, 


Euight, 


Speakei^ie, 



Mr. Heydenfeldt gav^ no^ee that he would, on to-morrow, moye to re- 
concdder the tote just taken by which the bill was passed. 

Mr. Cardofeo moyed that the yote be now reconsidered. 

Mr. Crenshaw moyed to indefinitely postpone the motion to reconsider. 

Mr. Canney moyed :to lay the motion to indefinitely po0^x»ie on tbe table. 

Which was not agrea^d to. 

The question then bcong on the motion to indefinitely postpone the motion 
toreconfflder. 

On which .ike ay^ and nays were demanded, and decided in the aflSrmi^ 
tiye by the following yote : 

AYIS. . - 



V(f 



^iBell^- < jj'< 


Messra. McMahon, 


Blake, 


McMeans, 


Cardoso, 


Moore, 


Coyarrubias, 


Myres, 


Gr^Eishair, 


Oliyer, 


Herbert, 


Owen^ 



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276 



MiOflBRi* Jrwiiiy 


Moons. SiBM^ 


£ittradg^ 


Sncdth) 


Lee, 


Thomas, 


Leake, 


!raghmaB, 


Mandeville, 


Wells, 


Meredith, 


Wing, 


MoCaadlesa, 


Yeiseiv-27, 


MeGany, 






XAT8. 


Meflsre. Boetwick, 


Messrs. Hunt, 


Canney, 


Knight, 
Letcher, 


CaldweU, 


Gariuot, 


McFarland, 


Conness, 


McEamy, 


Estep, 


Readmg, 


Ewing, 


Beddmg, 


Flower, 


Bobinson, 


HaUy, 


Rogers, 


Harrison, 


Tajlop, 


Hejdeofeldty 


Walker, 


HofiF, 


Speaker— 24, 



On motioD, at 3 o'clock, P. M., Qnd Honse adjourned. 



/ 



HOUSE OF ASSEMBLY. 



Ws»2irBSDAY, March 16, 1858. 

Ihe House met pursuant to adjounmeut 

The Speaker m the chair. 

The roll was called by the Clerk, and the following members were absent : 
Messrs. Bell, McCandless, Moocc, Proctor, Beading of Trinity, Smilh, 
Tilghmaxi and Walker* 

On motion, leave of absence was granted for one day each to Messrs. 
Cardozo, Fairfax, Fk>wer, HeydenfddC, Moore and Proctor, and for two 
days each to Messrs. Estep and HanrisoB. 

The Journal of Tuesday last was read and approved. 



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276 [W^BiOBBBMr^ 

Mr. Hunt presented the petWon of certain citizens of Ifcia Start«^ W rela- 
tion to the translatidn'^f the Laws into the Spanish tAMguMge. 

Which was roferaredlto the committee on that subject. 

On motion, tjpke repii^tt submitted by the Judiciary Cpniinittee on yester- 
day was taken from the table. 

Assembly bill for Jjjn Act to enforce the payment of Ilicenses in .this 
State, was thea takpft' up, considered engrosser-read- a third time and 
passed. . > .' 

Assembly bill for An Act to provide for the compilation and publication 
of the Laws of the State of CalifonMay-and the payment thereof, was then 
taken up, and, 

On motion of Mr. Witig, ihe House went into conxoiitjte^ of tjae whole, 
Mt. Oliver in the oha^ifj on the consideration of the bill, and having con- 
sidered the same rose and reported it back with amiertdmeiUs, and asked 
to be dischart^id b'onx ftiriher consideration of the subject 

Which was granted. 

On motion o( Mr. paniiey, the aibendments reported by Ihe committee 
of the whole were ccmciirred in. 

Mr. Bostwick moved an amendment to the fifth section of the bill. 

Which wafci uJoplcd', ; 

The bill was iheii ordered engrossed for a third reading. 

Assembly bill for Aa Act to amend an Act ewtitlied an ^t concerning 
the Courts of Jnktice of this State, and Judicial' Officers, passed March 
11, 1851, Was taid on the table. 

Assembly bill for An Act to append an ^^t concerning the Counts of 
Justice of ^ this State, drid Jndfda^i^ Officers, passed Klarch 11, 1851^ was 
also laid on the table. 

Assembly bill for An Act to amend; an Act entitled an Act to regulate 
proceedings in criminal cases, passed May 1, 1851, was also laid bn the 
table. 

The following message was received from the Senate ; 

Mr, Speaker: 

The Governor approved, on the 12th inst.. An Act to repeal An Act in 
relation to the city of San Pyai^wistjo, -passed May 1, 1851 ; 

And the Senate passed, on the 12th inst.. Joint Resolution in relation to 
Postal Ariangements; 

And Assembly Concurrent Resolution to appoint a joint committee of 
tb6 two Hoi'tee* tt> di-^ft a(iW r^fion a bill apportioning the State into Sen- 
atorial and Assembly Districts, and have named the same committee on 
the part of the Senate that w48 p¥Wl©iylsly 'a^pWhted on tttfe !Kim«r Sub- 
ject; ' I ' ' 
: jiiAnd passed yes^erdary^ wiilh':)£itW^«)dEAlontW, A^seltibly bill fbr An' A<^t to 
iMlib^ri26: the aj^ointmen)!! of ftoofcJ-Ke^p^ K> the Comptroller of 8t6*e, 
and temporary Clerk in the department of Treasurer, and trt provide 'ffer 
.ihe paymerit of derl» in the Sifate offlo^s. ; ' ' 

AndfMuased yesferday. ateo, Aft A^C to eiiplahi nti Act entitled An Act 
in relation to the supplies of FiM^^^nd dthfer cOfiting^ent ej^petis?^ <Jf the 
Legislature, approved Janiiaiy 87) 1863; as u substitute foi^ A^rhbly 

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16c] 2T7 

bill for An Act requiring the Comptroller to audit certain biHsrof tWroem- 
bers of the /present Legislature. 

Bjr order of ihe'Smate. 

A. C. BRADFORD, 
Secretary. 
March 15, 1853. 

. •■ • i 

Senate Joint Resolution in relation to postal arrangements, was then 
lead a first timd, and latid ovet under tbe rules. 

Assembly bill for An Act to authorize the appointment of book-keeper 
to the Gomptroiler of State, and temporary cterfc in the Department of 
Treasurer, amd to provide for the payment of clerks in the State offices, 
as amended by the Senate, was then taken up and laid on the table. 

Senate bill for An Act to explain an Act entitled an Act in relation to 
the supplies' of fuel and other contingent expenses of the Legislature, ap. 
proved Jan. 27, 1853, was then read a first time, and laid over under the 
mlesL 

JUn Bostwick, frcmi the. Joint Committee on BnroUed Bills, reported as 
correctly enrolled. 

An Acf to ainhorise the appointment of book-keeper to the Gomptroiler 
of State, and temporary clerk in the Departittenl of Treasurer of State, 
and to provide for their payment. 

Mr. Bostwick from the same Committee reported that they did on yes- 
terday present to the Ck)vernor fot his approval, 

An Act to provide: for the contingent expenses of the offices. of Gover- 
nor, Treasurer, Comptroller, and ^Secretary of State, and of the Supreme 
Court; 

Also, An Act to authorize the ComptroWer to i*sue, and the Treasurer 
to registei, a warrant in lieu of one destroyed by fire ; 

And also, An Act to authoriae the appdintrtient of book-keeper to the 
Comptroller of State, and temporary clerfc itf the Department of Treasur- 
er of State, and to provided for their payment. 

And the report was adopted. 

A message was received from the Oovernor, informing the Assembly 
that he did on. the 15th inst.^ approve^ 

An Act entitled an Act to provide for the contingent expenses of the 
ofiSJces of Governory Treasurer, Comptroller, and Secretary of State, and 
of the Sii{»eme Court > 

Ar message was received from the Senate informing the Assembly that 
they did on the 1 1th inst., pass, 

An Act to amend an Act to re-incorporate the city of Stockton, approv- 
ed April 2(v 1852.. 

The bill was then taken up^ read a fiwt and second time, and referred 
to the members from San Joaquin county. 

Aaeieiiibly hiH for An Act to ascerttaJn and provide for the payment of 
the debt due from Sierra county to Yuba county, was then read a second 
time, and referred to the niembtirs frbm Yuba and Sierra counties. 

Mr. Themad submitted the following report which was read and adop- 
ted; 



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2T8 [WHDNBfiDAt^ 

Mr. Speaker : •^.. 

The Committee on Engrossment have examined and found correctly 
Engrossed, the following bills, viz : 

A bill for An Act supplementary to An Act to incorporate the city of 
Los Angeles, passed April 4th, 1850 ; 

Also, a bill for an Act for the relief of Reuben Clark and William 
Craine^ 

And also, Assembly Joint Resolution relative to the Law Library at 
the city of San Francisco ; 

Also, An Act to divide the county of Trinity, and form a new county 
out of the western portion of the same, to be called Humbolt 

CHAS. 0. THOMAS, 

Chairman. 

Assembly bill for An Act supplementary to an Act to Incorporate the 
City of Los Angeles, passed April 4, 1850j was then read a third time 
ana passed. 

Mr. Redding, of Yuba, from the Committee on Mines and Mining In- 
terests, reported back Senate bill for An Act to amend an Act to provide 
for the Protection of Foreigners, and to define their liabilities and privi- 
leges, and recommended that it be made the special order of this day, 
and considered with Assembly bill on the same subject. 

The report was adopted, and the bill made special order for 12 o'clock. 

Mr. Crenshaw, from the Committee on Claims, to whom was referred 
the claim of Lawrence McMahon, reported the same back, with a bill for 
An Act for the relief of Lawrence McMahon. 

Which was read a first time, and laid over under the rules. 

Mr. Garfield, from the Committee on Federal Relations, reported back 
Assembly Joint Resolutiou in relation to the establishment of Post Offices 
and Mail Routes in the northern part of the State, with verbal amend- 
ments, and recommended its possage. 

The report and bill were laid on the table. 

The hour of twelve having arrived, on motion of Mr. McCandless, the 
House went into committee of the whole, (Mr. Robinson in the chair,) on 
the consideration of Senate bill for An Act to amend an Act to provide 
for the Protection of Foreigners, and to define their liabilities and privi- 
leges, and having made some progress on the bills, rose and reported them 
back, and asked leave to sit again. 

Which was granted. 

Mr. Canney moved that the bills be made the special order for to-mor> 
row, immediately after the calling of committees. 

Which was agreed to. 

Mr. Blake introduced a bill for An Act prescribing the mode of appoint- 
ing Auctioneers, and defining their duties. 

Which was read a first time, and laid over under the rules. 

Mr. Brush, agreeably to notice, introduced a bill for An Act to limit 
the application of an Act to regulate proceedings in Civil cases, in the 
Courts of Justice of this State, passed April 29th, 185L 



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Maboh 16.] 279 

Which was read a first and second time, and referred to the Judiciary 
Committee. 

On motion, at 3 o'clock, P. M., the House adjourned^ 



HOUSE OF ASSEMBLY. 

Thursday, March 17, 1853. 

House met pursuant to adjournment. 

The Speaker in the chair. 

The roll was called by the Clerk, and the foUowmg members were ab- 
sent : — 

Messrs. Cardoso, Covarrabias, Fairfax, Gardner, Heydenfeldt, Irwin, 
Leake, MoCandless, Moore, Tilghman, Walker, and Yeiser. 
• The Journal of Wednesday last was read and approved. 

Mr. Conness, from the Committee on Chdms, to whom was referred Sen- 
ate bill for An Act to provide for the payment of the claim of the *^ Pioneer 
Upholstery," reported the same back, and recompiended that it be laid oh 
the table. 

The report was adopted, and the bill laid on the table. 

Mr. Conness, from the same committee, reported a biQ for An Act for the 
rehef of E. G. Baker, tinsmith of San Francisco ; 

Which was read a first and second time, and laid over under the rules. 

On motion of Mr. Bedding of Yuba, Assembly bill for An Act to amend 
ibe third section of the Act entitled an Act to license gaming, pass^ March 
14, 1851, was taken from the table. 

Mr. Thomas moved that the bill be ccHoisidered engrossed, and read a thurd 
time, with a view of putting it on its final passage ; 

On which the ayes and nays were demanded, mi the question was de- 
cided in the negative by the following vote : 

ATES. 



u Bkke, 


Messrs. Bedding, 


Brush, 


gnyder, 


Canney, 


Smith, 


Carhart, 


Thomas, 


CovarrubiaS) 


Tilghman, 



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2«0 



|P>UJBB1>«.X, 



Measts. IieAeher, 


•Meaw. WdU0, 


' McMeans, 


Wing, 


Oliver, 


Yei86Pr-17. 


Reading, 






NATS. 


Messrs. Bostwick, 


Messrs. Emght, 


Gabaniss, 


Lee, 


Conress, 


Mandeville, 


Crenshaw, 


Mereditih, 


Ewing, 


McCandless, 


Flower, 


McFarland, 


Hally, 


McGarry, 


Harrison, 


.W^Kamy, 


Herbert, 


Owen, 


Hejdenfeldt, 


Proctor, 


Hoff, 


Robinson, 


Hunt,' 


Sime, 


Irwin, 


Taylor, 


Kittredge, 


Spea]M^28. 



On motion of -Mr* Seydenfeldt, the biU was Mi (A the tat>Ie. - 

Mr. McCandless presented the petition of three hundred and four citifceBd 
ofi 4ihts St«te, praying for the psissage tX ther '^ Mjme Liquor^ Law ;^' 

Which was read, and referred' <k) the select; ^oiiittiittee ^on^ that dtAjeot. 

Mr. Covarrubias submitted a reootetion, rdqvefirting the Conimittee on 
Elections to report on Monday 4^xt on tiie case of coi^tested electioneer Lee 
and Yidall v<v H<u^es and Oorarmbias ; 

Which was ^adopted. ' . ' 

Mr. Yeiser, from the Judiciary Committee^ reported back Assembly Wl 
for An Act to exemjpt Firemen mm serving otf Militik er'Jiyry diily, with 
a-substitat^ for An Act to exempt- S^Mten from Militia servioe axia ^nry 
duty; : ./ %: : * 

Which, with the report and bill^ was laid dn ^ tiibte. 

iMr.> Canne'y, ifrom the Comnuttee on Indian A&irs, submi^dthei'foQow- 
ing report : (Eelalive to claim bf O. <S. WeathM4>y. £ee A|>pdi^^ No.' * 
31.) 

Mr.; Proctor xnoii^d to lay l^e report on the MftMe. ' 

On which the ayes and bays were demanded, and it was not agrMd toby 
th«i foUewi&g TDte : 



ATBS. 



Messrs. Cabaniss, 
Caldwell) 
Flower, 
Hally, 
Harridon, 
Hoff, 



Messrs. Oliver, 
Proctor, 
' Bobinswi, 
Sime, 
Snyder,- 
Taylor, 



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Mascs 17.] 



281 



Messrs. Irwin^ 


Messrs. Thomas, 


Letcher, 


Tilghman, 


MandeyQIe, 


Walker-18. 




KAYS. 


JjAessrs* l>eil, 


Messrs. Martin, 


Blake, 


' McGandless, 


Brash, 


McFarland, 


Oahney, 


McGarry, 


Gonness, 


McMahon, 


Covarrubias, 


McMeans, 


Crenshaw* 


'MyriBiV 


Herbert, 


Owen, ' 


Heydenfeldt, 


Beading, 


Hunt, 


Sogers, 


Knight, 


Smith, 


Lee, 


Wing, 


Leake, 


Speaker— 26. 



Mr. Ganney moved the adoption of the report. 

On which the ayes and nays were demanaed^ ftbd the import was adopted 
by the feUolring vote : * 



( ATBiS. 



Messrs 



Bell, 


Messrs. Letcher, 


Blake, 


Mande^e, 


Bmsh, 


Martin, 


Gaklwell, 


McFarland, 


Canney, 


McGarry, 


Garhart,. 


McMahon, 


ConnesB, 


McMeans, 


Govarrubias, 


Myres, 


Crenshaw, 


Oliver, 


Ewingj 


Owen, 


Flower, 


Proctor, 


HaDy, • 


- Beading, 


Harrison, 


Bedifing, 


iHerbert, >^ 


Bogers, 


Heydenfeldt, 


Snyder, 


Hoff, 


Smith, 


Hunt, 


Thomas, 


Lrwin, 


THAmxay 


Knight, 


Walker, 


Lee, 

Leake, 


Wing, 
Speaker— 42. 



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NAYS. - . : i 

Messrs. Cabtamss, Messrs. Sioae, 

McOandless, Taylor — 6. 

Bobinson, 

Mr. Bostwick, fep^i tbe J9^'(}<$mmittee on Enrolled BiMfi^irepiQvteii'that 
ihey had exaooiia^ A^i Act to Fund the Debt of the county of Los Angeles 
and provide for tiU pii(y;iaent thereof, and found it correctly ,^|grolled, except 
an omission in the tU^ ^e of section 9th, of the worda, "rof the assess- 
ment," which yfoxifftiifff have inserted. 

And the report )eq9^pted. ,. , 

Mr. Thomas, from^ihe Committee on Engrossed BiUpi )5€iported as coi^ 
recily engrossed An .Apt. to enforce the payment of Licepse^ ^in this State ; 
also, 

An Act to provide iorithe compilation and publication qi.^hfi Laws of the 
State of Cfdifomia, .jap44he payment thereof. 

And the report waa :ivi^opted. 

Mr. Eittre^gfi^ ii'Oin the Committee on Agriculture, reporifd back As- 
sembly bill for An Act to prevent Hogs running at large in this«State, and 
recommended its passage. ^ .' .;: 

; » >9ft* JTWf <^' Wy^j WB^j fw;^,4be; Jbift,, Jjiid ^^ j^ (ahl^. 

Mr. McFarlana, from the Committee on State Ho8{4^) ifjeftoptod )>adc 
Senate bill for An Act for the relief of J. D. Monnett, M. D., for service 
rendered sick emigrants, and recompa^i^ed that the same be referred to the 
Committee on Claims. 

The report waa^ B49pte,4,:.Mi the bill referred to the doqunifctee on 
Claims. , . j. 

Mr. Brush, fron^*^ (lelect committee, to whom was refSuired so much of 
the Gk)vemor'ar^(|^fifi^fig9rJis relates to the extension of .tltfi Water Front of 
the city of San ija^cisog;, submitted the following report^ (3oe Appendix^ 
No, 82.) ; ; 1/ 1 

' Which was r(|^;,.|^Mk laid on the table, with a view ifh «Q|]Amng it to be 
printed. 

Mr. Brush, fromvt)^f^me committee, introduced aJ^Sl.f^C'v&fi Act to dis- 
pose of the interest ^ the State to certain property! .M^w^uiet the title 
thereto. 

Which was read,|r fijc^ and second time, and referred jbo j^ie Committee 
on Ways and MoMp^,; • 

Mr. Cabaniss,' fiDx^ji^.pisnority of the select committ^^jaf^pctti^d to visit 
the city of Stocktoq^ji^r the purpose of examini^|f.^M^,of the State 
Asylum for the Lisanfi, submitted the following report, n^^f e Appendix^ 
No. 88.) , . . 

Which was r^f^,i(a^x)n the table, and two hundred »i. forty copies 
ordered to be prini^^. ^/ 

Mr. Wing, from a.monty of the same committee, subioittad the foUow- 
report, whicb^iEaa^rfj^} bid on the table, and two hundred' m4 forty copies 
ordered to be printed m connection with the report of the majority of Hie 
committee. (See Appendix, No. 83.) 

Mr. Harrison, from the^ select committee to whom was referred Asseiddy 

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KaM» 17.] 288 

bill for An Act conoeming lawfnl Fences, and Animals trespasfflng on pre- 
mises lawfully enclosed, reported the same back with a substitute, under a 
similar tide, and recommended its passage. The substitute and bill were 
laid on the table. 

Mr. Hall J, from the San Joaqnia driegation^.toiwhomn^as referred the 
Senate bill for An Act to amend' an Act to fe-incorporate the City of Stock- 
ton, approved April 21, 1852, reported the same back, with a recommenda- 
tion that the bill be passed without amendment. 

Hie bill was adopted, and the report laid on the table. 

On motion, the House then went into committee of the whole (Mr. Robin- 
son in the chair), on the considemtioipof AfisemU^ lnll';fi^ AttAM iso j^ro- 
vide for the protection of Foreigners, and to defta» their liabilitibs aUd pi^vi- 
leges; 

And Senate bill tt» AH' Aist to acmMd «to Adb to ^t<6vid0 tir the prbteetion 
of Foreigners, and to define their liabffiifes and ptii^eges^ made wei special 
order for this day, and having made some progress thereon, rose, Kef olted 
the bill back, and asked leare to sit againy which was granted* 

On motion of Mr. Oainney, at 5 o'clock^ P. M., the Beuse took a Mcess 
until half past seven o'clock, P. JUj 



7iO^0L0CK,P.M. 

The House re-assembled, and again went into committee of tke'^hoto, 
(Mr. Robinson in the chair), on the consideration of the subject had under 
oensideratioQ at tiie time o£ taldng> a reteete, and having consideEed tiie same, 
rose, and reported back the same,, with sundry amendments to the Asseiabljjfr 
bin, and recommended the pasdage of tbe sane, and asked to be disohavged 
from the further consideration of the subject, which was granted^ ffoii' the 
bill laid on the table. 

A message was received fiom the Senate, and laid cm the table. 

On motion, at 11 (/tAook^ P. M., the House adjourned. 



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284 [Fbtoat, 



HOUSE OP ASSEMBLY. 

F&iDAY, March 18, 1853. 

The Boose met pursuant to adjouminent. 

The Speaker in the Chair. 

The roll was called by the Clerk, and the followmg members were absent ; 

Messrs. Gardner, McCandless, Readmg of Trinity, and Tilghman. 

On motion of Mr. Heydenfeldt, Mr. Gcurdner was grafted indefinite leavQ 
of absence. 

The Journal of Thursday last was read and approved. 

Mr. Hoff presented the petition of citizens of Tuolamne county, praying 
for the passage of a law to prohibit Gambling. 

Which was read, and referred to the select committee on that subject. 

Mr. Johnson presented the petition of the Trustees of the Fire Depart- 
ment of the city of Sacramento, praying for a law to exempt Firemen from 
jury duty. 

Which was 'read and laid on the table. 

The following message, received from the Senate on yesterday, and laid 
on the /table, was taken up and read : 

Mr. Speaker: 

The Gx)vemor approved, on the 15th instant, An Act amendatory of an 
Act. entitled an Act to incorporate the city of Sacramento, passed in 1851. 

An Act to unite the offices of Clerk and Recorder of Tulare County. 

An Act concerning repealed Statutes. 

An Act to prevent extortion in office and to enforce official duty. 

The Senate passed on the loth instant, Assembly bill for An Act estab- 
lishing the Seat of Justice of the County of Butte, and amending the 21st 
section of An Act entitled an Act dividing the State into Counties and es- 
tablishing Seats of Justice therem, passed April 25, 1851, with an amend- 
ment. 

And Senate bill for An Act to provide a Sinking Fund for the County of 
Monterey. 

* The Governor approved, on the 15th instant, also, An Act to authorize 
the Comptroller to issue, and the Treasurer to register, a warrant in lieu of 
one destroyed by fire. 

And the Senate passed, on the 16th instant, with an amendment. Assem- 
bly bill for An Act to amend the seventh section of an Act to prohibit tlio 
citation of Weirs or other obstrucdon to the run of Salmon. 

And Assembly bill for An Act to create the county of Alameda and to 



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IfABCTL 18.] 



285 



establish the Seat of Justice therein, to define its boundaries, and to pro- 
yide for its organization, with amendments. 

By order of the Senate, 



March 17, 1853. 



A. C. BRADFORD, 

Secretary Senate. 



Assembly bill, as amended by the Senate, for An Act establishing the 
Seat of Justice of the county of Butte, and amending the twenty-first section 
of An Act entitled an Act dividing the State into counties, and establishing 
Seats of Justice therein, passed April 25, 1851, was then taken up and 
the Senate amendment concurred in. 

Senate bill for An Act to provide a Sinking Fund for the county of Mon- 
terey, was then read a first time and laid over under the rules. 

Assembly bill, as amended by the Senate for An Act to amend the seventh 
section of an Act to prohibit the erection of Weirs, or other obstructions to 
the run of Salmon, was then taken up and the Senate amendment concur- 
red in. 

Assembly bill, as amended by tho Senate, for An Act to create the county 
of Alameda and establish the Seat of Justice therein, to define its bounda- 
ries, and to provide for its organization, was then taken up, and the- Senate 
amendments concurred in. 

Assembly bill for An Act to provide for the compilation and publication 
of the Laws of the State of California, and the payment thereof, was then 
read a third time, and on the question, '^ Shall the bill now be passed ?" the 
ayes and nays were demanded, and the bill passed by the following vote : 

AYKS. 



Messrs. Bell, 


Messrs. Leake, 


* Blake, 


Meredith, 


Brush, 


MoFarland, 


Caldwell, 


McGarry, 


, Canney, 


Myres, 


Conncss, 


Oliver, 


Cardozo, 


Proctor, 


Ewing, 


Redding, 


Flower, 


Snyder, 


Heydenfeldt, 


Smith, 


Hoff, 


Thomas, 


Irwin, 


Wells, 


Eittredge, 


Wing, 


Knight, 


Yoiser— 29. 


Lee, 





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28« 



[Bta^AT, 



KA7B. 



Messrs. 



Cabaniss, 

Carhart, 

Covarrubias, 

Crenshaw, 

Estep, 

Hally, 

Herbert, 

Hunt, 

Johnson, 



Messrs. 



Mandeville, 

McEamy, 

McMeans, 

Owen, 

Robinson, 

Rogers, 

Sime, 

Taylor, 

Speaker — ^18. 



Assembly bill for An Act to ewmpt Firemen from serving on nkilitia, or 
jury duty, with the substitute therefor, was taken up, and made the special 
order for Tuesday next, March 22d, 1863, at 12 o'clock, M. 

On motion of Mr. Johnson, Assembly bill for An Act recommending to 
the Electors to vote for or against calling a Convention to revise and change 
the entire Constitution of this State, was taken up and made the further 
special order for Wednesday, March 28d, 1853, at 12 o'clock, M. 
/ Senate bill for An Act to explain an Act entitled an Act in relation to 
the supplies of Fuel and other contingent expenses of the Legislature, ap- 
proved January 27th, 1853, was then read a second time, the rules sus- 
pended ; it was then read a third time and passed. 

On motion of Mr. Leake, Assembly bill for An Act to amend an Act en- 
titled an Act to create a Board of Supervisors for the Counties of this State, 
and, to define their duties and powers, passed May 3d, 1852, was taken 
from the table, and referred to the Judiciary Committee. 

On motion of Mr. Thomas, Assembly joint resolution in relation to the 
establishment of Post Offices and Mail Routes Iq the northern part of the 
State, was taken from the table, read a third time, and passed. 

Mr. Hallj introduced a joint resolution instructing our Senators and Re- 
presentatives in Congress, in relation to an Act of Congress to settie private 
land claims in California ; 

Which was read a first time, and laid over under the rules. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
correctiy enrolled, An Act to explain an Act entitied an Act in relation to 
the Supplies of Fuel and other Contingent Expenses of the Legislature, ap- 
proved January 27th, 1853 ; 

Also, An Act relative to Port Wardens in San Francisco and Sacramento, 
and other Ports of California; 

Also, An Act to amend an Act, passed 15th March, 1851, entitled an 
Act to provide for the translation of tiie Laws into the Spanish language ; 

And also, to amend An Act, passed April 24th, 1852, of the same title. 

And the report was adopted. 

On motion of Mr. Canney, Assembly bill for An Act to provide for the 
protection of Foreigners, and to define their liabilities and privileges, was 
then taken up. 

Mr. Hally moved a call of the House, which was sustained, and on the 
roll being called, the following members were absent : 



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mmmis.] 



m 



MvmtB. CdJwamj B^9 Sliliti^dgQi Mf^Owmff McJVbbwi^ Bogpr^y $^d 
Tilghman. / 

^, Talghipan a^peaved, was adinitted, .^scused, and tuook hisa^at. 
r/On xnotfon of Mr, Leake, further pifoceedingi luoder the o^ were dis« 
pensed with. 

ISie'amendiQeiito repeated by tiaie oopsDUtee i^t ik^ whole to <jio bill wiere 
then taken up separately, and severall; concurred in, so far as the 18th 
SMrtioQ. 

On tbe qaestiqp^ of stxiking 0di the whole of the liHh section, and ioseo^ 
ing the foUowing words : 

" On all iHuns coUeot^d uader tib^ provi^ioniS of this Act, tihece ahfJl be 
aUowed twenty-seyen per c^at. jto tihe GoJieotor, and to the Beoordeir, thve^ 
fm cettk." 

Th^^y^ and wja wero diioand^d, and th^ amendpent was:adqxted hy> 
the foUoving vote : 



Messrs* Bostwick, 


Messrs. Martin, 


Canney, 


Meredith, 


Carhart, 


McCandless, 


Coyamibias, 


McKamy, 


Crenshaw, 


McMeans, 


Flower, 


Myres, 


Hamson, ^ 


OUver, 


Herbeirt, 


Proctor, 


Heyden&ldt, 


Snyder, 


Irwin, 


Thomaa^ 


Lee, 


Tilghmazi, 


Leake, 


Walker, . 


MaudofiUe^ 


Yeisep— 26. 




NATS. 


Messrs. Blake; 


Enight, 


Brash, 


Letcher, 


C^baniss, 


Owen, 


Caldwell, 


Readings 


Conness, 


Redding, 


Cardozo, 


Robinson, 


Estep, 


Rogers, 


Ewii^g, 


Sime, 


GarB^Od, 


Taylor, 


Molt, 


WeUs, 
Wing, 
Speakeiv-26. 


Bnirfi, 


Eittredge, 





The remaining amendments to the bill were then considered,, and iserarallj 
•MCf«rt4}W- 

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n 



288 



[Pbidat, 



Mr. Leake submitted aa amendment to section 10 ; which was adopted. 

Mr. Mjres submitted an amendment ; which was lost. 

Mr. Wing mored to amend the first seotion, by striking out the words, 
^^ or not haying lawfully and m good faitii declared his intention to become 
such." 

Mr. McMeans submitted the following as a substitute to the amendment : 

" Provided^ That no person who is ineligible to citizenship under the pro- 
Tisions of the naturalisation laws of the United States, shall be permitted to 
work in any of the mines of this State. 

" And pTfmded further^ If any person shall violate the provisions of this . 
Act, he shall, on conviction thereof, before any court of competent jurisdic* 
tion, be fined in any sum not exceeding one thousand dollars, nor less than 
one hundred dollars ; one half ^f which fine shall go to tiie informer, and 
the other half to the use of the county in which such conviction is had." 

Mr. Canney moved that the sublstitute be rejected. 
On which the ayes and nays were demanded, and it was rejected by the 
following vote : 

AYES. 



Messrs. Brush, 


Messrs. Leake, 


Canney, 


Martin, 


•Caldwell, 


McFarland, 


Carhart, 


McGarry, 


Cardozo, 


Myres, 


Covarrubias, 


Oliver, 


Crenshaw, 


Owen, 


Estep, 


Proctor, 


Flower, 


Beading, 


Harrison, 


Redding, 


Herbert, 


Rogers, 


Heydenfeldt, 


Sime, 


Hunt, 


Taylor, 


Kittredge, 


WeDs, 


Knight, 


Wing— 81. 


Lee, 






NAYS. 


Messrs. Ewing, 


Messrs. Mandeville, 


HaUy, 


Mereditii, 


HoflF, 


McKamy, 


Irwin, 


McMeans, 


Johnson, 


Tilghman— 10. 



The question then recurring on the adoption of the amendment submitted 
by Mr. Wang. 

On which the ayes and nays were demanded, and it was adopted by tiie 
following vote : 

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MASQfi 18.] 



Measrs. Broah, 
Caldwell, 
Oarbart, 
Estep, 
EwiD^, 
Harriflony 
Hejdenfeldt, 
Hoff, 
Hunt, 
Irwin, 
Ejtiaredge, 



Meflttrs. Gaimey, 
Cardozo, 
CovarrubiaB, 
Orenriiaw, 
Flower, 
Herbert^ 
Johnson, 
Leake, 



289 

AYBS. 



Messrs. Le^^ 

Martin, 

Meredith, 

McFarliad, 

McKamj, 

Oliver, 

Owen, 

Beadmg, 

Wells, 

Wing— 22. 



I9AT«« 



M 



Leicbey, 

McGarrj, 

MdMeatti, 

Myves, 

Proctor, 

Beddings 

Sogers, 

Taylo^-l«. 



'i liO 



On motion of Mr. Johnson, at 4 o'clock, P. M., the Honse took 
half past seven a'dodcy P, Ifi) by <lk0 ftHowing ?ole 3 



n .( 



a recess 



ATBS. 



Messrs. Bostwick, 
Brash, 
Canney, 
Coaness, 
Cardoso, 
Estep, 
Ewing, 
Flower, 
Garfield, 
Hally, 

HeydenfUdt, 
JohnsoD, 
E^night, 
Lee, 



Messrs. Letcher, 

McFarland, 

McKamy, 

Myres, 

Oliver, 

Proctor, 



Bobin8(m, 

Rogers^ 

Sime, 

Snyder^ 

Smith, 

Taylo*^**47. 



Messrs. Blake, 

CabaniB8> 
GaldweU, 
*37 



NATS. 



Messrs. Eittredge^ 
Leake, 
Meredith, 



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290 



[Fbidat, 



Messrs. Carhart, 


Messrs. McGarry, 


CovarrubiaSy 


McMahon, 


Crenshaw^ . 


McMeafis, ■ 


HarrisoDy • 


Owen, '- 


Hoff, . 


Beading, 


Huut, 


Wells, 


Irwin, 


Wing— 20. 



Half past seven o'clock, P. M. 

The House re-assembled. 

On tnotion of Mr. Bell, Mr. Heydeofieldt was called to the chair. 

Mr. Blake submitted a resolution, requesting the Attomej-General to 
^ve his legal opinion in relation to the extension of the city front of San 
Francisco. 

Which was read, and adopted. ^ 

Mr. Canney submitted the following resolution, which was adopted. 

Besolvedy That the Clerk of . this House bo directed to transmit a copy 
of the report of th.e Committee on Indian Afiairs on the claim of 0. S. 
Wcatherbv, aikd.also the original papers accompanying the report to the 
Board of Examiners of the War Debt. 



Mr. Bostwick submitted a resoluJtion, fitingrtbe hour of meeting of this 
House at ten o'clock, A. M. 

Which was read, and on the question of its adoption, the ayes and nays 
were demanded, and the resolution was adopted \fy the following vote : 



ATES. 



Messrs. Bell, . 


Messrs. MandeviUe, 


Bostwick, 


Martin, 


Brush, 


Meredith, 


Cabaniss^ 


McFarland, 


Canney, 


McKamy, 


Conness, 


McMahon, 


Crenshaw, 


Oliver, 


Estep^ 


Owen, 


Ewing, . 


Proctop^jj 


Garfield, 


Bedding, 


Hally, 


Bobinson, 


Harrison, 


Bogers, 


Hoff, 


Sime, 


Irwin, 


Smith, 


Johnson, 


Taylor, . 


Kitflredge, 


Wells, 


Knight, 


Speakeiv-SS. 


Lee, 


C ^ r\ 




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lllSCHiilfi.] 



281 



■:•'. • - . --iniliS.-' • . i; . . ' ...I iiii'..- 

M«toB.j€»fdQB9/. ) ' ^/ MeBfts. Leake, . ...i' 

CoyarrubiaSy McGarry, ii. i..i- . ::i 

Flower, McMeans, 

Herbert, •• ..'ii'H-. I., ' ' i i: 1/. • Myrea^ -i'.' •.>•-...' 

HAj^denftldi^i f* .ru'..- ' -. • Yei8er-<^10^ • m-'iI.' >}»; 

Mr. MoMeans moved to adjourn. 

On wluch the ayes and nays were demanded by Mr. Canney, and it was 
decided in the negative by the following vote : 

' i. '' ' 

AYB8. .:'. . 



Messrs. Brush, . r 


Messrs. MandeHriUo, 


Gabanissy.. 


Mcflbrry,. . 


Estep, 


McKamy, 


Flower, 


. . McMahon, 


Heydenfeldt, 


McMeans, 


Hoff, 


Proctor, 


Eittredge^ 


Rogers,' ' ' 


Lee, 


Yeiser— 17. 


LeikOj. 




. 


•NAYS. 


kf6S8Z8. SostWK^,. 


Messrs. Meredith, 


Gann^y, ' 


McFarlaod, 


Conness, 


Myres, 


Gardozo, 


Oliver, 


Covarrubias, 


Owen, . 


Grensbaw, . 


Redding, 


Ewing, 


Robinson, 


Gaifield, •• • 


Sime, , f 


HaUy, 


Smith, - 


Herbert, 


Taylor, 


Johns(»i, 


;|:, -; Thomasy 


Knight, 


Wells^aS. 


Martin,. 


•.;ii ..:•• . / ,1 ; ;■: L' . 



if 



.5 ) 



::iJ 



Mr. Garfield moved to strike out the eighteenth section, and insert a snb 
stitute. 

Which was agreed to. 

Mr. Hoff sabmitted the following as a new section to the bill : 

<* The provinons of this Act shall not be so constnied as to prevent the 
miners in any mining district, from adopting and enforcing rules and rego- 
lations preventing foreigners ineligible to the rights of citizenship from work- 
ing ^ mines in said mining district. Provided, That no rules and regula - 
tioiiB, so esti^lished, shall exclude such foreign miner from working out any 



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2M 



pisnuMr, 



clum he may be engaged on ; and iaim ease, shall sach roles or regulations 
exclude any person or persons from working at any place or lo^tjr, at 
wUch he or they may ne engaged dnxing the term for "vhiek aaob fieenae 
may be granted/' 

The question bemg on the adoption of the amendment. 
On which th^ ayes and nays were demanded b^ Mk. Oanuey, and the 
House refused to adopt by the following vote : 

Asms. 



Messrs. Blake, 


Messrs. Meredith, 


Hevdenfeldt, 


« McMeans, 


Hol^ 


Oliyer, 


EittMds^ 


Smith, 


Mandevaky 


Teisev-^Kk 




ITATS. 


Messrs. SeU, 


Messrs. Knidit, 


Bostwiok^ 


Lea£a,. 


Btadk; 




Cabamss, 


McFarland^. 


Oanney, 


McGarry, 


Conness, 


''• McMahon, 


Cardoso. 
. CovamUss, 


Myres, 
Proctor, 


Crenshaiw, < 


Bedding, 


Garfield, 


Robinson, 
Rogers, 


Hally, 


Taylor, 


Harrison, 


ThoiMg, 


Herbs**, 
Irwin, 


TUghnuGD, 
• Welb--81. 


Johnson^ 





On motion of Nb* Crenshaw, the bill was then ordered ettgraned for 
third reading on< io^taoietim. 
On moti(m, at 11 o'clock, P. M., the House adjouxned^ 



or!> :: ;■- 



- ; ; ' 


'■f ; • '. 


...; 


. • a 1 . 


->!■.. 


"f: I;. • 


'. , . . " ■' 


■ 1 , '.\. • 


liiij 


. /. i..i 


<■ '- ' 


- •.'*. 


• 








VI.. 1 


; .'f^.' - 


"..!•»'>.• r«'ji 


. . . '. >i i'-.>: 



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JSMum 13.] 2»a. 



HOUSE OF ASSEMBLY. 

Saturday, Stareb 19, 186 8. 

House met pursuant to adjournment. 

The Speakei* in ibe chair. 

The roll was called by the Clerk, and the following members were ab- 
sent: ' 

Messrs. CaldwgU, Canney, Carhart, Fairfax, Heydenfeldt, Hunt, Kit- 
tredge, Lee, Letcher, McCandless, McMahon, Myres, Proctor, Reading of 
Trinity, Tilghman, and WAlket. 

The Journal of yesterday was read and approved* 

Mr. Rogers presented the petition of citizens of Calaveras county, pray- 
ing for the passage oS a law to divide that county and to create a new 
county thereiiOBk 

Which was read, and referred to the delegations fiom Calaveras and 
El Dorado counties. 

Mr. Oliven preseaDaol a petition ffom the same source, and ujfon the 
same subject 

Which was read, and referred same as above. 

Mr. Greoshaw submitted the following report, which was read and 
adopted. (Relative to the accounts of Stockton State Hospital. See Ap- 
pendix, No. 34.) 

The bill and substitute was then laid on the table, and made the spe* , 
cial oidei lor Monday next, March SI, 1853| at seven and a*half o^clock, 
P.M. 

Mr. Thomas, from the Conmiittee on Engrossed Bills, reported as cor- 
rectly engrossed, 

An Act to proinide for the protection of Foreignarsy and to define their 
lis^ities and privileges ; 

Also, Joint Resolution in relation to the establishment of Post Offices 
and Mail Routes, in the northern part of the State. 

And the leporl was adopted. 

Assembly bill for An Act to provide for the protection of Foreigners 
and to define their liabilities and privileges, was then read a third time, 
and on the g;ues$ion, " Shall the bill now be passed?" the ayes and nays 
wexB dfli|Muadad» and. the bill was passed by the foUbwing vote: 



Mesan. Bell, 


MesRs. Eittredge,. 


Bbk«, 


Knight, 


Bostwiok, 


Leake, 


Bruab, 


McFwbnd,,. 


Gtiatabmi. 






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294 



[Satitbdat, 



Messrs. Gaimey, 


Messrs 


. McMahon, 


Gonness, 




Myres, 


Gardozo, 




Oliver, 


Govarrubias, 




Owen, 


Grenshaw, 




Redding, 


Estop, • 




Rogers, 


Ewing, 




Sime, 


Garfield, 




Snyder, 


Hally, 


- 


Thomas, 


Harrison, 




WeUs, . 


Herbert, 




Wing— 38. 


Jrwin, 








KAYS. 


« 


Messrs. Flower, 


Messrs 


. MeMeans, 


Heydenfeldt, 




Proctor, 


Hoff, 




Robinson, 


Johnson, 




Taylor, 


Mandeville, 




Speaker— !!• 


Meredith, 


• 





Mr. Bostwick submitted the following report, which was read and 
adopted : 



Mr. Speaker: 



Benicia, March 19, 1853. 



The Joint Committee on Enrollment report that they have examined 
and found correctly enrolled, 

An Act to amend the 7th section of an Act to prohibit the erection of 
Weirs or other obstructions to the nm of Salmon, approved April 12, 
1852. 

Also, An Act establishing the Seat of Justice of the county of Butte, 
and amending the 21st section of An Act entitled an Act dividing the 
State into Counties, and establishing the Seat of Justice therein, passed 
April 25, 1851. 

JOHN H. BOSTWICK, 

Ch. Assembiy Committee. 

JOHNY.LIND, 
Ch. Senate Comxnittiee. 

Mr. Redding, of Yuba, from the select committee to whom was referred 
the subject of calling a Miners' State Convention, submitted the following 
report: (See Appendix, No. 35.) 

Which was read and four thousand eight hundred copies ordered 
printed. 

Mr. Crenshaw, from the portion of the select conmiittee to whom was 
referred so much of the Annual Message of the Governor as relates to the 

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March 19.] 295 ^ 

exteDsion of the Water Front of the city of San Francisco^ submitted the 
following report : (See Appendix, No. 32.) 

Which was read, and four thousand eight hundred copies ordered 
printed, together with the report submitted by Mr. Brush on the samd 
subject, March- 17, 1853. 

Mr. Canney introduced a bill /or An Act to provide for the payment of 
the l^r diem and expenses of the Legislature, during the year 1854. 

Which was read the first and second time, and referred to the Com- 
mittee on Ways and Means, and ordered not to be printed. 

On motion of Mr. Hally, Assembly Joint Resolution instructing our 
Senators and Representatives in Congress in relation to an Act of Con^ 
gress to settle private land claims in California, was taken from the table, 
and two hundred and forty copies ordered printed. 

Mr. Redding, of Yuba, introduced a bill for An Act supplementary to 
the Act incorporating the city of MarysviUe. 

Which was read a first and second time, and referred to the Committee 
on Corporations. 

Mr. McFarland introduced a bill for An Act for the government and 
protection of Indians. 

Which was read a first and second time, and referred to the Committee 
on Indian Affairs. 

Mr. Martin introduced a bill for An Act to authorize the State Treas- 
urer to issue four duplicate School Land Warrants. 

Which was read a first and second time^ and refer^d to the Judiciary 
Committee, and ordered not to be printed. 

Mr. Johnson, agreeably to notice, introduced a bill for an Act to fund 
the floating debt of the county of Sacramcbto, and to provide for the'pay- 
ment of the same. 

Which was read a first and second time, and referred to the Committee 
on Ways and Means. • 

On motion of Mr. Conness, Messrs. Wells and Letcher were added to 
the Committee on Claims. 

Mr. Lee introduced a Joint Resolution in relation to the Harbor of 
Santa Barbara. 

Which was read a first and second time, and referred to the Committee 
on Commerce. 

Mr. McMeans introduced a bill for An Act to repeal an Act entitled An 
Act for the relief of the Indigent Sick, approved April 16, 185^. 

Which was read a first and second time, and referred to the Committee 
on Ways and Means. 

On motion of Mr. Taylor, Assembly bill for An Act for the relief of E. 
6. Baker, tinsmith, of San Francisco, was taken from the table. 

The House then went inio committee of the whole, (Mr. Wing in the 
chair,) on the consideration of the bill, and having considered the same, 
rose and reported it back, without amendment, and recommended its 
passage, and asked to be discharged from the further consideration of the 
subject. 

Which was granted. 

The bill was then read a third time and passed. 

Mr. Owen presented the petition of Henry Hook, asking for relief. 

Which was read, and referred to the Committee on Claims. 

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296 [Satusdat, 

BIr. Proctor i&troduoed, a bill for An Act tafix thecompeiisatiou of oar- 
tain officers in the County of Siskiyou. 

Which was read a first and second time, and referred to the Judiciary 
Committee. 

On motion of Mr. McFarland, Assembly bill for An Act to amend aa 
Act entitled an Act to provide for the disposal of the 600,000 acres of 
Land granted this State by Act of Congress, was taken from the table. 

The House then went into committee of the whole, (Mr. Mandeville 
in the chair,) on the consideration of the bill, and having considered the 
same, rose and reported it back, with amendments, and asked to be dis- 
chaiged from the further consideration of the subject. 

Which was granted. 

On motion of Mr. Robinson, the House then concurred in the amend- 
ments of the committee of the whole, and the bill was laid on the table. 

Mr. Thomas, from the Committee on Engrossed Bills, repcNrted as cor- 
rectly engrossed, An Act for thu relief of E. G. Baker, tinsmith, of San 
Francisco. 

And the report was adopted. 

Mr. Crenshaw introduced a bill for An Act for the relief of John C. 
Cremony. 

Which was read a first and second time, and referred to the Committee 
on Claims. 

Mr. Blake gave notice that he would, on Monday next, or at an early 
day thereafter, introduce a bill for an Act entitled An Act explanatory of 
an Act in relation to Port Wardens in San Francisco and Sacramento, 
and other Ports of California. 

Mr. Crenshaw moved to adjourn until Monday next at 7^ o'clock, 
P.M. 

On which the ayes and nays were demanded. 

And it was decided in tl« affirmative by the following vote : 

ATES. 



Messrs. Bell, 


Messrs. Martm, 


Blake, 


McFarland, 


Bostwick, 


McKamy, 


Oabaniss, 


MoMeans, 


Caldwell, 


Myrcs, 


Cardozo, 


Redding, 


Crenshaw, 


Robinson, 


Estep, 


•Rogers, * 


Flower, 


Sime, 


Hally, 


Taylor, 


Heydenfeldt, 


Walker, 


Johiison, 


Speaker— 25. 


Mandeville, 






NAYS. 


Messrs. Brush, 


Messrs. McCsndless, 


Canney, 


McMahon, 



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MunBl9.] »d7 



Menri. ^oaaem. 


HCaaris. O&itirj. 


Coramibias, 


Thomaa, 


Hurrooo, 


WeUi, 


Kitkiedg», 


Wing, 


Lee, 


YoMP^i^ 


Leake, 





HOUSlS OF A.iS»^iSSLi, 

S)t6»i>AY, March 21, l^ffS. 

Hoase met pursuant to adjournment. . \ 

The Speaker in the chair. ... 

The roll was called by tiie Clerk, and the following members were ab* 
Bent: 

Messrs. Brush, Cabaniss, Caldwell, Ewing, Leake, Letcher, Owen and 
Smith. 

On motion, leave of absence was granted to Mr. Ewmg for one day, and 
to Mr. Letcher for two dajs, and to Messrs. Brush and Smith each three 
days. 

On motion of Mr. Crenshaw, the reading of the Journal was laid over 
imtil to-morrow. 

Q?he following message w^ received from the Senate : 

Mr. Speaker: 

The Senate, yesterd^^'Jiaittidd a OoMttatrent Resolution instructing the 
select committee to report a biU for the districting of the State ; 

And Concurrent Resolution in relation to the Deed of the Mayor of the 
city of Beniaia to the Stat0 of California ; 

And An Act to de^ne the jurisdiction of Counties separated by rivers and 
water courses. 

By order of the Senate. 

A. C. BRADFOkD, 
. Secretary of the ^enite. 

March 19, 1853. 

Senate Concurrent Resolution ixUtruciang the select committee \fi report 
*88 



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2W [TUBSEUl; 

a bill for the distrietingof tha^fiktate, was then taken. «p and laid bn the 
table. 

Senate Concurrent Besolution in relation to the Deed of: the Mayor of 
the city of Benicia to the State of California, of a certain lofr: of ground in 
the city of Benioia, was then taken up, and laid on the table. 

Senate bill for An Act to define the jurisdiction of Counties separated by 
rivers and water courses, was then read a first time, and laid over under 
the rules. 

On motion of Mr. Heydenfeldt, Assembly bill for An Act to authorize 
the Comptroller tD audit the accounts of the President of the Board of 
Trustees orthe Stockton State Hospital, and the substitute reported there- 
for, and made the special order this day; was taken up. 

Mr. Ganney moved that the whole matter be laid on the table, and that 
240 copies of the bill, substitute, and accompanying papers, be printed. 

Which was agreed to. 

A message was received from the Senate informing the Assembly that 
they did, on the 19th instant, pass, with an amendment. Assembly bill for 
An Act to ascertain the IndebtediKess of Mariposa county. 

The bill was then taken up, and the amendments of the Senate concurred 
in. « 

Mr. Knight, on leave, introduced a bill for An Act to amend an Act con- 
cerning Corporations. 

Which was read a first and second time, and referred to the Judiciary 
Committee. 

On motion, at 10 o'clock, P. M.j the House adjourned^ 



HOUSE OP ASSEMBLY. 

Tuesday, March 22, 1883.' 

The House met pursuant to adjournment. 

On motion of Mr. Myres, Mr. Oliver took the chair. 

The roll was called by the Clerk, and the following members were absent : 

Messrs. Bell, Caldwoll,Carhart, Cardozo, Ewing, Fairfax, Heydenfrldt, 
Lee, Leake, Martin, Meredith, McCandless, McMahon, McMeans, Moore, 
Owen, Thomas, Tilghman, Walker, Yeiser, and Mr. Speaker. 

Mr. Canney mbved a call of the House. 



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MABGa22.] 899 

Which was sustained^ and cHi:)he roll bekigcalled, the ibllowing mem- 
bers were found absent : 

Messrs. Beil, Cabailiss, Caldwell, Fairfax, Heydenfeldt, Leake, Martin, 
McCandless, McMeans, Moore, Owen, Thomas, Tilghman, Walker, 
Tei^ec^ and Mr. Speaker. ..i » j . . m 

The Sergeant-at-Aims was dispatehed to bring inithe: s^baientees. . 
- : Messhra* Fairiax^ Leake, McMeans apd Yeiteer, 'appeared, me» admit^d, 
excused^ -^nd' took thdir&eat& . :' i'; ) ! 'inif 

Messrs. Martin, McCandless and Thomas also appeared, were admittt^y 
and took their seats, without being excuted. > 

The Journal of Saturday and Monday last was read and approved. 

Mr. Yi'lng, ffoca the committee on Public Expenditures, to whom was 
referred the Report of the Agents of the California Relief Expedition, 
submitted the following report, (See Appendix, No. 36,) wtiichi'wbfl itltd, 
laid on the table, and one thousand copies ordered printed. 

Hr. Canney submitted the following reaotutioni^' which \if^iul oead «nd 

sdoptedir ••./.■ !') 

' . ,. • ' ' » ; -I I ..■ ■ . • I . ' !-^ : ' :l 

. Resolvedy That Friday andSatunday of each wieek be set apiarl foe the 

[>urpose' of disposing tt unfinislpml business, to the ejcldsioa of feilLiiietivi 



. Mr. Kdttrcdge submitted a res6llilion instrncling thia.SupeniiteDdeil^ of 

Public iBstruction to make bis annual report ;Wf lb In. dne week. - r. .)/. 

Mr. Wel^s suboiitted the follo^n^ing resoteUod*^. which \rm read and 

adopted: r! • n = ' i >i 

BesolvedfiThsii from an^ after the present date, th6 costs a<jcrudig to 
the Sergeaat-At^ Arms for arresta of iabsentees, mads . t>uosuai!it to oaUs df 
the House, be paid by the absentees so anebted. ' i / ". ^ ! 

On motion of Mr. Canney, Assembly bill for Aa Act to exempt f^mneii 
fiom serving on Militia or Jury duty, and the substitute tb^ibii,Fniadc( 
the. special order for thia^day, ^as tdken upjl' I I ,? » ' 

On motioi^ of Mr. Canney, the. substitute Wals adopted. i ^ '/i 

The House then went into cdountttee of the whokr, (Mr. Oanneyrinithd 
ebfiir,) on the consideratkm.'Qf the ^ubstitute^lattd having cnMsidered 4he 
same, rose and reported it back, without amendment, andiieoomni^ndnd 
its passage, and asked to be discharged from.luiitber. considbrati6a ofihe 
suUedt. / . .M •'>'.•• -■; i-r < .7 v-) 

Which was granted. . . . i •: - >v. , .- .n » 

The bill was then, on motion, considered engrossed, read a third time, 
and passed. 

A message was received from the Governor, informing the Assembly 
that he did, on th0. 19th iust^/. approve An Act to amendl the-seventh 
section of an Act to pr(rfiibit the erection of Weirs, or otbel/lobstructions 
to the run of Salmon, approved April 12, 1852 ; . . k ^ 

An Act establishing the Seat of Justice of the Counter of Butte, and 
amending the twenty-fii^t section of an Act entitled aobiAet dividing the 
State into CouQtififi^ and establishing the Seats of Justiceittberein, passed 
April 25th, 185L , [. ,niA 



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300 i f!EoBenAT» 

The following message was raceiired fiom the aenajfce^: 



The Senate passed yesterday An Act to amend an Act coaccraing Fov' 
eigners arriving in the ports of the State of California, 
' And passed this Awy An Act to provide fiir the^publioalson and distri- 
bution of the Official Map of the State, ^s compiled by the Sttir^^yflr- 
QeneiaL 

By order of iiie Senate. 

A. O. BRADFORD, 

.(• : • Secretary Senate. 

. Maidi 22» lesa 

J ' Seliate faiU for An Acl to amend an Act entitled an Adt copcemiBg For* 
eigners arriving in the ports of the State of California, was then read « 
first and second time, and referred to the Committee on State Hospitals. 
' • iSenalo bill for An Act to provide for the publication and disddbution 
of Che Official Map of the State^ as compiled by the Surveyor^Geoeral, 
was then read a first and second time and referred to the Committee on 
Public Grounds. 

i > On oxrtion of Mr. Mctfisans, Assembly bill for An Act to aniend an 
Act to provide for the levying, ^sseissing and coUecting Public Revenue, 
ifiprdvsed April 83^ 1852, was then taken up and made the special order 
for Monday next, March 28, 1853, at 12 o'clock, M. 

On motion of Mr. McFarland, Assembly bill for An Act to amend an 
Actisntitled an Act to provide for the disposition of tiie five hundred 
tboikBand; acres of Land granted to this State by Act of Congress, April, 
1861, was taken from the talde. 

. Mr. Canney moved a call of the House, which was sustained, and on 
tfaefinUbe^ng called, the< fottowiog members were absent : Messrs. Cbr- 
btiittQieyflen&ldt, Meredith, McCandless, McEamy, McMahon, Moore, 
Myres, Proctor, Reading of Trinity, Tilghinan, Walker and Mr. Speaker. 

Messrs. Heyden&ldt and Tillman appeared at the bar of the Housei 
wfireiadflQittdd, an4 without bemg excused took their seats. 
iiMis8ar&.i^roctor and ^McEamy appeared^ weve admitted, excused a&d 
Isefc Ibeir' seats* 
fMfltfiD Blakfi morved to adjourn. 

On which the ayes and nays were demanded, and it was decided in 
the negative by the following vote : 



ATES. 



V 


MmsmlBbD) 


>ll 


•:.'u Blake,. 




Gonness, 


I-: 


.1 Caidoto^ 




Flower, 


I- 


:.; msi 




Eittaredge, 



Mesnrs^ MandeviDe, 
MoCrarry, 
McKamy, 
Paeheoo, 
Bogers, 
- WeBs— 18. 



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301 



> 





'iriSrfl* : 


MBsnrs. OoroirnbiaB^ 


MessiB. Maitin, 


Orenshair, 


McFarland, 


Estep, 
Garaner, 


Oliver, 


Reading, 


Gtbrfield, 


^ • ' -J Redding, 


'Hally, 


Robinson, 


Harrison, 


Sifflle, 


Herbert, 


Snyder, 


Heydenfeldt, 


Taylor, 


Hunt, 


, Thomas, 


Irwin, 


Tilghman, 


Jo&nson, 


Wing, 


Knight, 


Yeiser — 27. 


Lee, ^ 





Mr. Robinson submitted an amendment, as the fifth secticm of the bill; 
Which was adopted. 

On motion the bill was then ordered engrossed for a third reading on 
to-morrow. 

Mr. Heydenfeldt submitted the following resolution : 

Mesolved, the Senate concurring, that the two Houses do adjourn, sine 
disj on Saturday the ninth day of April next. 

Assembly bill for An Act to amend an Act defining the time for com- 
mencing civil actions, was then taken from the table, read a third time, 
and passed. 

Mr. Herbert from a minority of the select cbmmittee, to whom was 
referred the subject of calling a Miners' State Convention, submitted the 
following report. (See Appendix, No. 35.) 

Which was read, and four thousand eight hundred copies ordered 
prinfted in connection with the majority report of the same committee. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, .submitted 
the following report, which was adopted : 

BiBNiciA, March 19, 1853. 

Mr. Speaker : 

Tl!ie Jdnt Committee on Bni;6llea Bills, report that they hare this day 
,pre8ented to the Governor for his approval, 

An Act to fund the debt of the county ofliOs Aiigelcs, and provide for 
the payment thereof; 

Also, An Act relative to Port Wardens in San Francisco and Sacramen* 
to, and other ports of California ; 

Also, An Act to explain an Act entitled an Act in relation to the sup- 
plies of fuel and other contingent expenses of the I^egislature, approved 

AHmiMAct to mmni autAtt parsed l8th Mait^h, IS^, enti^d an 

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30Q [WtoNiatDAT^ 

Act to provide for the translation of the Laws into the Spanish language, 
and also, to amend An Act passed April 24, 1852, of the same title ; 
^ Also, An Act to amend the Tth section of An Act to prohibit the erec- 
tion of Weirs 6r other obstruction to the run of Sabmori, approved April 
13, 1852 ; . 

And An Act establishing the Seat of Justice of the county of Buttei 
and amending the SJUt section of An Act entitled an Act dvriding the 
State into counties a^id establishing the Seat of Justice therein, passed 
April 25th, 1851. ' 

JOHN H. BOSTWIOK, 

Assembly CJommittee. 

JOHN Y. LIND, 

Senate Cionunittee. 



^ 



On motion, at 3 o'clock, P, AL, the Bouse aidjourned. 



HOUSE OP ASSEMBLY. 



Wednesday, March 23, 1863. 

The House met pursuant to adjournment. 

On motion of Mr. Blake, Mr. Wing took the chair. 

The roll was called by the Clerk, and the following members were ab- 
sent : 

Messrs. Bell, Caldwell, Conness, Ewing, Herbert, Knight, Lojake, Mo 
Means, Moore, Owen, Smith, Tilghman, Walker, Yeiser, and Mr. Speaker. 

On motion, leave of absence for one day eadi was granted to Messrs. 
Conness, Ewing, and Owen. 

The Journal of Tuesday was read and approved. 

Mr. Irwin, from the Committee on Elections, submitted the following re 
port: , 

Mr. /Speaker : 

The Committee on Elections beg leave to report, that they find m the case 
of the contested seat of Santa Barbara ooxmi^^ that Mr» C. E; Hughes has 



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MaaqeBS.] 



ms 



fhe regular and fomttl oertifidate of eleotioii, land, as a|)p6ar8 bj tiie piapers 
on file, Mr. Lee more properly oceofnes the poeition of contestailt. . - 

They, therefore, in accordance with the precedent establishad by the Afl- 
semblj, in tlie case of Martin vs. Pittser, recommend that the seat now occu* 
pied by Mr. Lee be declared yacaot, and that Mr. Hughes be permitted to 
qualify as a representative from Santa Barbara county. 



Benicia, March 22^ 1858. 



RICHABJD IRWIN, 

Chairman ^0 tern. 



On motion of Mn Crenshaw, Mr. Hughes was admitted withm the bar of 
the House. 

Mr. Leake moved to recommit the report to the committee, and after 
some discussion, 

Mr. Blake moved the previous question ; which was sustained. 

The main question was then put. 

On which tiie ayes and nays were demanded, and the House refused to 
recommit by the following vote : 

AYBS. 



Messrs. Bell, 


Messrs, McMeans, 


Blake, 


i Myres, 


Herbert, 


Oliver, 


Heydenfeldt, 


Beading, 


Johnson, 


B^inson, 


Loake, 


Bogers, 


Martin, 


Sime, 


Meredith, 


Wing, 


McGandlesp, 


Speaker^ 19, 


MeKamy, 




f 


NAYS. 


Messrs. Bostwick, , 


Messrs. Irwin, 


Cabaniss, 


Rittredge, 


Canney, 


Knight, 


Cardozo, 


Mandeville, 


Covarrubias, 


, McFarland, 


Crenshaw, 


McMahon, 


Estep, 


Pacheco, 


Fairfax, 


Proctor, 


Flower, 


Redding, 


Gardner, 


Snyder, 


' Garfield^ 


Taylor, 


Hally, 


Thomas, 


Hoff, 


Walker, 


'Hunt, 


Wells 28. 



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[WBDmSDAt, 



The qaesdon ihn b^faig en •tiie-'adimtiott of {he eefnrt. 
On which die ayes and na{y« were^enMiDded, and tfa» report was ado{>ted 
by the Mowing vote : 



Messrs. Boetwick, 


JLKiiV* 

Messrs. Irwin, 


Oabaniss, 


Kittredge, 


Canney, 


Knight, 


Cardozo, 


Mande^e, 


Coyarrubias, 


McFarland, 


Creiflhaw^ 


MorlVbihon) 


Estep, 
FairfiuE, 


Pacheco, 


Beddings 


Flower, 


Sime, 


Gkrdiidr, 


. Snyder^ 


Garfield, 


ThoKMS, 


HhUy, 


Wdker, 


Hoff, 


Welte-a?. 


Hunt, 






NAYS. 


Messrs Bell, 


Messrs. McMeans, 


Carhart, 


Myi68, 


Herbert, 


OUrer, 


Heydenfeia, 


Beadingv 


JohDB(», 


Bobioflon^ 


Leake, 


Bogers,. 


. Meredith, 


Taylor, 


..McCandless, 


Wing, 
Spfahe]>-*19. 


McGarry, 


McKamy, 





Mr. Crenshaw, from the Committee on Claims reported a bill for An 
Act for the relief of James M. Cronstone ; 

Which was read a first and second time, and laid over under the rules. 

Mr. Crenshaw, from the same committee, reported back the petition of 
Henry Hook, praying for relief, .with a recommendation that the prayer of 
the petitioner be denied. 

And the report was adopted. 

Mr. Crenshaw, from the same o6mnuttee, reported hack Senate bill for 
An Act for the relief of J. D. Monnett, M. D., for services rendered Sick 
Emigrants, and recommended its passage. 

The House then weht into committee of the. whole, (Mr* Heydenfeldt in 
the chair,) on the consideration of the bill, and having c<»Midtred the same, 
rose and reported it back, and recommended its pa88ag0, and asked to be 
discharged from further considgration of the subject. 

Which was granted. 

The bill was then read a third time, and passed. 



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M2kEOH23.] 3165 

Bfr/Thomaa, fromflie Comttitl^e^ori Jj^tiposaed 
rectly engfo^ed, a bill for Ati Act to exempt. Firemen from MiCtia servicei 
and Jtiry dtt'ty. ■ " • ' . 
And the report vas adopted, , r , , ^ 

Assembly bill foif An Act recotHtu^udiigto the Electors to vdtia for or 
against calling a Coi)7enti9n to, revise and diange the entire Gonstitutioa of 
tUs State, made the spedarorder^for tms' a^', at 12 o'clock, Was taken up. 
The Hotoe then went into comiiitt^e of'ffie whole, (Mr. Robinson in .|he 
chair,) on the consideration of the bill, and having considered the same, r^e> 
and reported it back, with amendments, and recommended its passage, and 
asked to be discharged from farther cKnnideration of the subject. 
Which was granted, and the ap^endments concurred in., 
The bin was then ordered eng^ssed for a third reading oh to-morrow. ' 
Mr. McMeans siibmitted the following report relative to tbe Water Lot 
property of the State. (See Appendix, No. 87.) ^'' ; 

Mr. Robinson submitted the following report. (See rK.^c^dix, No. 38.) 
Mr. Johnflon^moY^ to lay the reports and the accotDpanyii^ bill on the 
table. ^ 

On which the ayes and nays were demanded, and decided in the affirma- 
tive by the following vote : ' ''^ •' ^ 



A7B8. 



A .BI> 



Messrs. Cabanisi^ 
Canney, ' 
Carhart, 
Crenshaw, 
Estep, • ' 
Rower, 
Gardner^ 
Garfield, 
HaUy, 

Heydehfeldt, 
Johnson, 
Knight, 
McFarland, 



Messrs. McEamy^ | ^ 

Pache'co^ ^ 

Proctor, J 

Reading , 
Robinson^ 
Sime, 

Snyder,. . 

Thomas, , 

Wells, ;;"[ 

Teiser, 'V. • j 
Sp^er-— 25. 



KAT8. 



Measrfi,. Bell, 

Blake, . 
Cardozo, 
Covarrubias, 
Herbert, 
• * Hoff; • 
Hunt, 
Kittredge, 
Lee, 
, Leake, 
Maikleville, 
*89 



Messif. Martin^ _ ..^ ^ ^ .^ 

■ "f i'l Meredith, ', ' '-_''" _ \ \ , 

Mc<CiAidles8j| */- . . -i 

McMahon, , ' . > 
McMeans, 

Myres, , . 

OUver, ' 1' 

Rog^fflj ...... '/ 

Tilghman, 

Wing— 21. 

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Bfr, Cftfdwpo, froiw the C(pipi^^peon.puWic^^> y9j)i(prtedhMk,fi€|^ 
bfll |for Jin A^^ to provide for the jpuwic^tibi^ mi d^tiwbiilfion of tae .offimi 
Map' of the otkte, as compiled b j the Surveyor General, with .ampndyftfntei 
and recommended its passage. 

The amendments widj^e tl^n ikd9]^dA,fH?d ,i|i|ie 1^11 r^ a jUiard tipE^iyod 

Mn Johnsop moved to yecphaij&r th^.yJfte to.whi9h jhe biU ww pf^sp^ 
'^pn T^'liich tlie,aje^ pi^ l^ys^^'Tf^pi^, (jjfjip^^^pa. ^d i^cidefi^ j^j^pgatifve 
bjf.l^'p foj^owing vote: ... ,^, • ; . i. , . . .. . 



HaUy, 
Knight, 



Messrs. Bell, 

Canney, 

Cardozp, 

CovArruDia4[^ . 

Crenshaw, , 

Estep^ 

FairfkXj 

Gardner, 

Garfield^ 

Herbert, 

Hoff, j 
Irwin, 



Leake, 



j .,\ . . JR4>bin!PAR, 



NAY8. 



.Messrs. Mardn, 
Meredith, 
McFwJ^ 
McMahoi^, 
, McMeaps^ 
Myres, 
Oliver, 
Pacheco, 
Readij^ 
Reddujig, 
Rogers, 
Thomas^ 
Elghma^, 
. Wells, 
Wi^ig,' 
Teiser— 32. 



Mr. Speaker: 

The Committee <^' ^t^ie Hospitals, to whom was referred a bill for An 
Act to regolat^ tl^p pr^ c^e of Medicine and Surgery in ^^ St^te of Cali- 
fornia, have had the same under consideration, and beg le^V9 to report. 
(See Appendix, No. 39.) . 

The report was then a^^pted, and the bill read a third time, and on the 
question, ^^ Shall the iiiU .i^ow be passed ?" it was lost. 

Mr. Bostwick subiaitte4 the following report : 



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'"- !/ 



Mr. Speaker : . * ^ 

The Joint Connmttbe on Enrolled Bills have examined aldj^lenrolled bill, 
entitled An Act to cri^ate the County of Alameda and e'stlEibii^h the seat of 
Joatiee therein, tor define iti boundaries, and provide ^'^^\^ organization. 
The Committee, tipoi!i an examination of the enrolled bUl, find! that it differs 
in some unimportant paiHiculars with the bill as it pai^s^d, to ^ : 

Id section six there is in the bill as passed a repetition of tUe preposition 
** of," which is left out of the enrolled bill. . . 1 7 

Also, section thirteen, which was etyrfetiilj;^ !htl^i;ided tb VaVet bd^tr.8tri<iKen 
out, is retained^ Tn the MR as |:^ed, btit i^ %Xk o\it' m t&e' enrolled cObV. .^ ^ 

The Committee harmg no power over the b&l, re^^ort it back to ^'A^ 
eemblj, where it originated, and ask leave to make the alterations sugges- 
«ed. 

Respectfully submitted, 

JOHN WALlttN; 
^ Seiiiifi^' Committee. 

JOHN H. BOSrteWiCK, 

AsEPeti(i% Committee. 

Qn motion of Mr. Be^denfeldt, the Committee on Khit)tl^ Bills were 
ordered to have t£<6 t)i}l ^kiroUed in accordance with the origitiar bill. 
Mr. Flower submitted^ the following resolution : 

Hegohedj That the seat notv held by Mr. Lee, aa ar B^prei^idntative from * 
Santa Barbara county, be declared vacant. 

Mr. Leake moved to lay the resolution on the table. 
On which the 8;^s a^ nays ^ere demanded, and Ae Hbtt^e f^i^ed to 
lay on the table by thb foQowing vote : 



ATBS. 



Messrs. Blakef; 

Harrison, 
Herbert, 
John^nj' 
Leakei^ 
MereditiiV 
. McCandlead, 
McOany, 
McKamy, 



Ben, 

Bosfcwick-, 
vWisniBs^ 
Ganney, 



ri^i 



Messrs. McMeatis; 
Myresi 
OUvei*, 
Bobinsod, 
Eoge^fif, ' 
Tilghmati; ' ' 
Win^, 
Teiser^W. 



:1 r 







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[Wbdnb^at, 



Messrs. Gardozo, 


Messrs. Pacheco, 


Covarrubias, 


Proctor, 


. . Esiep^ 


. . Jleddmg, 


; Flower^ 


Sime, 


Gardoer, 


Taylor, . 


'/ Hallj, . ,, 


* * Walker, 


HeydeDfeldt, 


Wells— 23. 


Hoot, , 





Mr. McCandless moved to adjourn. 

Oa wUeh the ayes and Days were demanded, and the Etonsp refused to 
acyoiim by the following yote.: 



AYES. 



Messrs* Bell,. ^ 

Blake; 
Carhart, 
Cardoao, 
Fairfax, ,. 
Herbert, 
rB|eyd«tffddty 
Lee, 
Leake, 
Mandeville, 
., aieredith^ 



Jtfepi^ Bostwick, 1^ ,' 
Cabaniss, 
Canney, 
Covarrubias, 
Crenshaw, 
Estep, 
Flower, 
Gardner, 
Hally, 
Harnspn, 
Hunt, 
Johnson, 
Eittredge, 
Knight, 



•) 



Messrs. McCandless, 
McFarland, 
McEamy, 
McMahon, 
McMeans, 
Myres, 
. Proctor^' 
Bering, 
Borers, 
Wells— 21. 



NAYS. 

. j ., Messrs. Martin, 

McGarry^ 
Oliver, 
, , Pacheco, , 

Redding, 
BobinsoQ, 
Sime, 
Taylor, 
Thomas, 
Tilghman, 
Walker, 
Wing, 
Yeisej>-27. 



Mr. Taylor moved a call of the House. 
Which was sustained. 

And on the roll being called, the following members were fopnd absont : 
Messrs. Garfield, Hoff, Irwin, Snyder, and Mr. Speaker. 
The Sergeant-atr Arms was dispatched to bring m the absentees. 
Mr. Heydenfeldt moved to acyouxn. 

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lfABOH23.} 

On which tl 
adjoam by the following Yote 



.809 

On which the ajes and najB if[ere demanded, and the House jrefuae^ to 
follow * 



AYES. 



Messrs. Bell, 


Messrs. McGandless, 


Blake, 


McEarland, 


Carhart, 


McKamy, 


Cardozo, 


McMahon, 


Grardner, 


Mc Means, 


Harrison, 


Myres, 


Heydenfeldt, 


Proctor, 


HofiF, 


Reading, 


Leake, ~ 


Rogers, 


Mandeville^ 


We 18—21. 


Meredith, 






NAYS. 


MLesars. Bostwick, 


Messrs. McGarry, 


Cabaniss, 


Moore, 


Canney, 


Oliver, 


Covarrubias, 


Pacheco, 


Crenshaw, 


Redding, 


Estep, 
Fairfax, 


Robinson, 


Sime, 


Flower, 


Taylor, 


Hally, 


Thomas, 


Hunt, 


Tilghman, 


Johnson, 


Walker, 


Eittredge, 


Wing, 


Knight, 


Teiser — 27. 


Martin, 





Messrs. Snyder, Garfield and Irwin appeared at the bar of the House, 
were admitted, excused, and took their seats. \ 

On motion, further proceedings under the call were dispensed with. 

Mr. McMeans moved to adjourn. 

On which the ayes and nays were demanded, and the House refused to 
a4Joura by the following vote : 



ATES. 



Messrs. 



Blake, 


Messrs. Meredith, 


Carhart, 


McCandless, 


Cardozo, 


McFarland, 


Flower, 


McKamy, 


Gardner, 


McMahon, 


Garfield^ 


McMeans, 


Harrison, 


Moore, 



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»10 


LWEDNlSftAY, 


Mesftrt. Beydenfclcft, 


Messn 


r. Myres, 


Hoff, 




Proctor, 


Lee, 




Rogers, 


Leake, 




' Snyder, 


Mandeville, 




Wells— 24. 


• 


NAT8. 


4 


Measra. Bel!, 


Messrs 


. Martfii, 


Boatwick, 




McGarry, 


Cabamss, 




Oliver, 


Canney, 




Paeheco, 


Covarrubias, 




Beading^ 


Crenshaw, 




Bedding, 


Estep, 
Fairfax, 




Rbbinson, 
Sime, 


Hally, 




Taylor, 


Herbert, 


' 


Thomas, 


Hunt, 




Tilghman, 


Irwin, 




Walker, 


Johnson, 




Wing, • 


Eittredge, 




Yeiser— 29. 


Enight, 







Mr. Leake moved to lay the resolution on the table. 
On which the ayes and nays were demanded, and it was decided in the 
negative by the following vote : 



ATES. 



Messrs. Bell, 


Messrs. McGarry, 


Blake, 


McEamy, 


Harrison, 


Myres, 


Herbert, 


Oliver, 


Heydehfeldt, 


Rogers, 


Hunt, 


Tilghman, 


Leake, 


Wing— -15. 


- Meredith, ^ 






^ NAYS. 


Messrs. Cabaniss, 


Messrs. Mandeville, 


Canney, 


Martin, 


.Covarrubias, 


Pacheco, 


Crenshaw, 


Prbctor, 


Estep, 


Beading, 


Flower, 


Bedding, 


Gardner, 


Bobinson, 


Garfield, 


Sime, 


HaUy, 


Snyder, 



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Messrs. Irwin, Messrp. Taylor, 
Johnson, Thomas, 

Kittredge, Walker, 

Knight, Wells— 26. 

Mr. Oliver moved a ocill of the House. 

Which was sustaiped. 

On motion, procQedin^^e under the call were dispensed with. 

On motion of Mr. Fa^ax, the resolution was laid on the tal^e. 

The following n^essaga was received from the Senate : 

Mr. Speaker: 

The Governor approved, on the 19th instant, An Act to Fund the Debt 
of the county of Los Angeles, and to provide for the payment thereof. 

An Act to explain an Act in relation to the supplies of fuel and other 
contingent expenses of the ^egislasure, approved January 27, 1853. 

An Act to amend an Act, poised March 15, 1851, entided m J^ to 
provide for the Translaticm of the Laws into the Spanish Language, and 
also to amend an Act, passed 24th April, 1852, of the same title. 

And An Act relative to the Port Wardens of San Francisco, Sacramento, 
and other Ports of Califoinia. 

The Senate passed, on the 18th March, An Act to enforce the collection 
of Taxes- in certain cases. 

The Senate passed, this day, Senate bill for An Act authorizbg the Trea- 
surer of State to issue bonds for the payment of the expenses of Volunteer 
Bangers rnder Capt. B. Wright and Charles McDermitt, in protecting the 
overland emigration on the north-eastern frontier. •» . 

And passed, with amendments. Assembly bill for An Act to provide for 
the Protection of Foreigners and to define their liabilities and privileges. 

By order of the Senate : 

A. C. BRADFORD, 

Secretary. 
23d March, 1863. 

Assembly bill, as amended by the Senate, for An Act to provide for the 
Protection of Foreigners, and to define their liabilities and privileges, was 
then taken up, and laid on tie table. 

Senate bill for An Act to enforce the collection of Taxes in certain cases, 
was read a first time and laid over under the rules. 

Senata biU for An Act authorizing the Treasurer of the State to issue 
bonds for the payment of the expenses of Volunteer Rangers under Capt. 
B. Wright and Charles McDermrtt^ in protec^ting the overland emigration 
on the north eastern Frontier, was then read a first time and laid over under 
the rules. 

On motion, at 3 o'clocik, P. M., the House adjourned by the following 
▼ot^: 



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312 



[TttURSDAT, 



ATES. 



Messro. Bell, 


Messrs. McMahon, 


Fairfex, 


Moore, 


Flower, 


Oliver, 


Harrison, 


Pacheco, 


Hoff, 


Beading, 


Hunt, 


Robinson, 


Irwin, 


Rogers, 


Kittredge, 


Thomas, 


Mandeville, 


Tilghman, 


Meredith, 


Wells, 


McGarry, 


Yeiserw- 28. 


McKamy, 




1 


WATS. 


Messrs. Blake, 


Messrs. Leake, 


Boetwick, 


McFarland, 


Canney, 


'McMeans, 


Cardozo, 


Myres, 


Crenshaw, 


Proctor, 


Gardner, 


Redding, 


Garfield, . . 


Snyder, 


Herbert, 


Taylor, 


H^ydenfeldt, 


Wing— 19. 


Johnson, 





HOUSE OF ASSEMBLY. 



Thursdat, March 24, 1858. 

House met pursuant to adjournment. ^ ' 

The Speaker in the chair. 

The roll was called by the Clerk, and the following members were absent : 
Messrs. Bell, Canney, Carhart, Govarrubias, Fairfax, Herbert, Heyden- 
feldt, Irwin, Jolinson, Lee, McCandless, McMahon, Moore, Thomas, 
Tilghman and Walker. 

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]£aboh24| 318 

Mr. Covarrubias presented the petition of Horace Hawes, prayiog^Qr 
relief. 

Wifasch ivas fead, and T^erred to the Ck^msaitiee od Glairps. 

Mr. Leake pre^enled ibe petition of pei^tain Citizens ofCala vera* coup* 
ty, pmyln^Ar relief. 

Which was read, and referred to .the Committee on Claims. 

Mr. Leake also presented the petition of citizens of Calayerasiconrp^y, 
remonatritrng agaiMt the divisit^a of that county. 

Which was read, and referred to the iiaei^b^cs iiovfi the counties of 
Calaveras and El Dorado. , 

Mr. McMeans, from the Committee on Ways and Means, reported back 
the Asaetyiliiy bill for An Act 10 repeal m Ai^t entitled axi Aot forifelief of 
the 'Indigent Sick, approved April 16, 1852,. without amendment, and 
recommended its passage. ; 

The report was adopted, the bill considered, and ordered engrossed for 
a. third reading on to-morrow. : . . 

Mr. Robinson, from the Oommittee on Ways and Mean?, reported Ijack 
Assembly bill for An Act to fund'the Floating Debt of the county of Sac- 
ramento, and to provide for the payment of the same, \ii(it|i ja recommen- 
dation that it bfe passed. < 

The report was adopted, anjl the bill laid on the table. 

Mr. Thomds, from the Committee on Engrossed Bills, rcpprted as cor- 
recti y engrossed, An Act to amend an Act entitled an Act to provide for 
the disposition of the five hundred thousand acres of Land, ^granted this 
State by Act of Congress. 

Also, An Act recommending to the electors to vote for or ajp;ainst calling 
a Convention to revise and change the entire Constitution of this State. 

Mr. Oliver submitted the following resolution, which was 2;ead and laid 
on the table : 
* 

Resolved, That fhe Sergeant-at-Arms be instmcted to procure from 
the California Guards the painting of Washington, which belongs to the 
State, to be placed upon the wall of the Assembly. 

Mr. Hally, on leave, introduced a bill for An Act to secure to Settlers a 
pre-emption right to the Overflowed and Swamp Lands ofthis-^^gmte. 

Which was read a first and second time, and referred totheselec! com- 
mittee on the subject of Tule Lands. 

Mr. Martin, on ^eate, introduced a bill for An Act to pvevcnt persons 
from obstructing the channels of Humboldt bay and harbor. 

Which WR^ itad a'first and second time, referred to the Oommittee on 
Commerce and ordered not to be printed. 

Mr. Ewing, from the Committee on Counties and County Boundaries, 
Teported a bill for An Act fordivMing the county of Los Angeles, and 
making a new county therefrom. 

Which was read a first and secohditlm^'aifd referred 4o the-meitibers 
from that county. 

Mr. McFarland, from tli;^ Oommittefe on State •iioq)ital6,.ieportfHl back 
Senate bill for An Act to amend an Act entitled an Act concerning paa- 

•40 

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[TsunDAr/ 



sengers arriying^ in the ports of the State of Oalifbmia, and lecommepided 
its passage. 

The report was adopted, and, 

On motion, the House went into committee of the whole, Mr. Canney 
in the chair, on the consideration of the bill, and having considered the 
same rose, reported it back, recommended its passage, and asked to be 
discharged from further consideration of the subject. 

Which was agreed to. 

Mr. Canney moved that the bill be read a third time> now, with a yiev 
of putting it upon its final passage. 

On which the ayes and nays were demanded. 

And the bill was ordered to- a third reading by the following role : 

, ATE8. 



Messrs. Bell, 


Messrs. Hnnt, 


Blake, 


Irwin, 


Bostwick, 


Johnson, 


Brush, 


Kittredge, 


Canney, 


Knight,^ 


Carhart, 


Mandeville, 


Gardozo, 


McCandless, 


Covarrubias^ 


- McPariand, 


Crenshaw, 


McMeans, 


Estep, 


Myres, 


Ewing, 


Oliver, 


Hally, 


Proctor, 


Harrison, 


Tilghman, 


Herbert, 


Wmg, 


Heydenfeldt^ 


Teiser-^1. 


HoflF^ 






KATB- 


M088KS. Cabaniss^ 


Messrs. Bobinson, 


Conness, 


Sime, 


Letcher, 


Taylor, 


Meredith, 


Thomas^ 


McGarry, 


Wells, ' 


McKamj^ 


Speakei>-13 


Redding, 





The bill was then read a third time^ and on the question, '^ Shall tbe 
bill now be passed ?" 
Hie ayes and nays were demanded. 

And the bill was passed by the foUam0g vols : 



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Hjlmh 24] 


ai6 


• 


• 


ATB8. 




Memi. Bell, 




Messrs. Hunt, 


Blake, 




S:ittredg9, 


Bostwiok, 




Knight, 
' Leake; 


Brash, 




Canney, 




• MandeviUe, 


Carhart 




Martin, 


GardoBo, 




McCandless;, 


GovarrubiaSy 




MoFarland, 


Crenshaw, 




McKamy, 


Estep, 




McMeans, 


Ewing, 




Myres, 


Fahfax, 




Proctor, 


Gardner, 




Thomas, 


Hally, 




TOghman, ' 






Wells, 


Herbert, 




Wing, 


Heydexrfeldt, 
HoflF, 




Yeise]V*«S5. 


• 


NAYS. 


1 


Messrs. Gabaniss, 




Messrs. McGarry, 


Conness, 




Redding, 


Flower, 


. 


\ Robinson, 


Johnson, 




Rogers, 


Letcher, 




Taylor, 


Meredith, 




Speakeiw-12. 



Senate bill for An Act authorizing the Treasurer of State to issue Bonds 
for the payment of the expenses of Volunteer Rangers under Capt B. 
Wright and Charles McDemiott, in protecting the overland emigration 
on the north-eastern frontier, was then read a second tiiHe^ and referred 
to the Committee on Indian Affairs. 

On motion of Mr. Myres, Assembly bill for An Act recommending to 
the electors to vote for or against calling a Convention to revise and 
change the entire Constitution of this State, was then taken from the 
table, and read a tt|ird time; 

Mr. tTonness naoved a call of the House. 

Which was sustained, and on the roll being called, the following mem- 
bers were absent: 

Messrs. McGany, HcMahon, Moore, Reading of Trinity, and Walker. 

On motion of ]Vlr. Crenshaw, Mr. McMahon was excused from the 
action of the calL 

Messr& McGarry and Walker appeared at the bar of the House, were 
admitted, excused, and took their seats. 

On motion, farther proceedings under the call were dispensed with. 

Mr. Crenshaw moved tp recommit th? bill, with instructioas to the 
Committee to propose amendments to the Constitution in accordance with 
Alt X, Sec. 1, of the Constitution, requiring biennial instead (tf annual 

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sessions of thn Legislature, and \rftb amendments abolishing the oflSce of 
Superintendent of Public Instruction ; together with such other amend- 
ments as to the comnJitt<%r miry seem proper. Such aakntdnnata to be 
proposed each in separate propositions ; oacn proposed ainel^dment to con- 
tain all the necossary amendments to make the Constitution harmonize 
with said proposed amendnients; wi>h a view of submitting such pro- 
posed amendments to the next Legislature, according to provisions of Sec. 
1, Art. X, of the Constitution. ' 

The question then being to reconunit the bill with special instruction^ 
the ayes and Days wer^ demanded. 

And it was decided in the negative by the following vote : 

AYBS. 



Messrs* BostmAf 


Messrs. MandeTille^ 


Cabaaissy^ 


Oliver, 


* Covaurabiai^y 


Redding, 


Crenshaw, 


Robinson, 


• HaUy, 


. Rogers, 


Irwin, 


Thomas— 18. 


Enigbt, 


* 




NAYS. 


Messrs. Bell, 


Messrs. Martin, 


Blake, 


y * Meredith, 


Brash, 


McCaodlesQ, 


Canneyy 


McFarl^nd, 


Carbart, 


McGrarry, 


Conness, 


McMahon, 


Cardozoy 


McMeans^ 


Estep, 


Moore, 


Ewing, 


MjrrQs, 


Fairfax, 


Owehj , 


Flower, 


f aoheco, 


Gardner, • 


Proctor, 


Garfield, 


Reading, 


Harrison, 


.. Sime, 


Herbert, 


Snyder, 


Heydenfeldt, 


• - Taylor, 


Hoflf, 


' • Tillman, 


Hunt, 


Walkw, 


Johnson, 


» WoBs, 


Kittredge, 


Wirig, " 


Lee, 


Yeiser, 


Leake, 


Speakei«^S, 


Letcher, 


t 



Mr. Heydenteldt moved a call of the House. 
Which was sustamed. 



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-dxi 



And on the roll being called, the following members were absent : 
Messrs. Cabaniss and Knight. 

Mr. Knight appeared, was admitted, and took his seat. 

On motion, further proceedings under the call were'dispensed with. 

The question then -being, " Shall the bill now be passed ?"' 

On which the ayes and nays w4re demand^. 

The bill was passed by the following vote : 

JIYES. 



Messrs. Bell, 


. Messrs. 


Mandeville, 


Bostwick, 




Martin, 


Ciinney, 


' 


McCandless, 


Carhart, 




McrFarland, 


Cardoao, 




McGarry, 


Covarrubias, 




McKamj, 


Estep, 




McMahon, 


' Ewing, 




McMeans, 


Fairfaij, 




Moore, 


Flower, 




Myres, 


Gardner, 




Owen, 


Garfield, 


1 


Pacheco, 


Hallj, 


._ 


Proctor, 


iHarrison, 


' 


Re£^ding, 


Herbert, 




Robinson, 


Heydenfeldt, ' 


. ' 


Sime, 


Hunt, 




Snydet, 


Johnson, 




Taylor, 


Kittredge, 




Tilghman, 


Knight, 




Walker, 


Leey 




Wing, 


Leake, 




Yeiser, 


Letcher, 


NAYS. 


Speaker — Ifl. 


Messrs. Blake, 


Messrs 


. .Meredith, 


, Brush, 


■ ■ ' ' 


Oliver, 


Conness, 




Redding, 


Crenshaw, 




Rogers, 


Hoff, 




Thomas, 


Lrwin, 


. ABSENT,' 


Wells— 12. 


MessES. Cabaniss, 


Messrs. 


: Smith, 


Caldwell, 


, 


Wilson— 4. 



On motion, at 4 o'clock, P. M., the House adjourned. 



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818 .[Fiiiiii.r, 



HOUSE OF ASSEMBLY. 

Fbiday, Mftfoh 25, 1858. 



The Hoose met pursuant to adjournment. 

The Speaker in the chair. 

The roll was called by the Clerk, and the following members were absent : 
. Messrs. F^tirfax, Hejdenfeldt, Irwin, Johnson, Lee, McGandleas, McMa- 
hon and Moore. 

On motion, leave of absence was granted to Mr. Johnson for two days, 
and to Mr. Cannej until Wednesday next. 

The Journal of Thursday last was read and approved. 

Mr. Brush, from the Committee on Elections, submitted the following re* 
port and resolution. (Contested seat of Lee vs. Hughes. See Appendix, 
No. 40.) 

On motion of Mr. Canney, the House then went into committee of the 
whole, (Mr. Canney in the chair,) on the consideration of the report and 
resolution ; and having considered the same, rose, reported them back, and 
asked to be disc^rged from further consideration of the matter. 

Which was granted. 

The Speaker then presented the following communication, which was 
read: 

Assembly Room, ) 

March 25, 1858. ) 

To the Han. Speaker of Assembly : 

Sir :— I herewith tender my jresignation ads member of the Assembly from 
Santa Barbara, business of importance requiring my immediate attendance 
elsewhere. 

Very respectfully, 

C. V. R. LEE. 

Mr. Conness moved to lay the communication on the table. 

The Chair decided the motion to be out of order : that the House had no 
control in the matter of the resignation of one of its members. 

Mr. Heydenfeldt moved the previous question. 

Which was sustained. 

The main question was then put. 

On which the ayes and nays were demanded, and the resolution was 
adopted by the following vote : 



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MAB0tf25.] 



3^ 



ATSS. 



Messrs 



Bell, 

Blake, 

Bostwick, 

Brush, 

Cabatiss, 

Canney, 

Conness, 

Cardozo, 

Crenshaw, 

Estep, 

Ewing, 

Fairfax, 

Flower, 

Hally, 

Herbert, 

Heydenfeldt, 

Hofi; 

Hunt, 

Irwin, 

Kittredge, 

Letcher, 

Mandeville, 

Martin, 



Messrs. McCandless, 
McFarkrid, 

McKamj, 

McMeaua, 

Mjres, 

Oliver, 

Owen, 

Pacheco, 

Proctor, 

Reading, 

Redding, 

Robinson, 

Rogers, 

Sime, 

Snyder, 

Taylor, 

Thomas, 

Tilghman, 

Wells, 

Wing, 

Speaker — 45. 



NATS. 



Mr. Leake, 



Mr. Merediiih^2. 



Mr. Hughes then came forward, was sworn in by the Speaker and took 
his seat as a member of this House. 

Mr. Owen, from the Committee on Corporations, reported back Assembly 
bill for An Act to abolish the offices of Commissioners of the Funded Debt 
of Ban Francisco, without amendment, and recommended its passage. 

The report was adopted, and the bill laid on the table. 

Mr. Crenshaw, from the Committee on Claims, to whom was referred the 
dum of Thomas A. Hilton, reported the same back, with a bill for An Act 
fcr the relief of Thomas A. Hllt6n, M. D. 

Which was read a first time, and laid o>rer under the rules* 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled, An Act to exempt Firetiien from militia service and jury 
duty; 

An Act for the relief of J. D. Monnett, M. D., for services rendered mk 
emigrants ; 

An Act to create th^ county of Alameda and establish the Seat of Justice 
therein, to define its boundaries and provide for its organization ; also, 

An Act to ascertain the indebtedness of Mariposa and £1 Dorado coun- 
ties; also, 



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380 [Bbh^ 

An Act to provide for the publication and distribution of the official Map 
of the State, as compiled bj the Survejor-General ; also, 

Joint Resohition in relation to the establishment of Post Offices- attd Mail 
Routes in the northern part of the State. 

And the report was adopted, 

Mr. Bostwick, from the same committee, reported that they had 'this day 
presented to tho f rovernor, for his approval, An Act to cAate <he county of 
Alameda and estaVilish the Seat of Justice therein, to define its boundaries 
and provide for its organization ; also, 

An Act to ascertain the indebtedness of Mariposa and El Dorado coun- 
ties ; also, 

An Act to provide for the publication and distribution of the-official Map 
of the State, a&rcompiled by the Surveyor-General ; and also. 

An Act for thereUef of J. D. Monnett, M. D., for semoos rendered sick 
emigrants ; also. 

An Act to exempt Firemen from militia service and jury duty. 

And the report was adopted. 

Tne following conimunication was received from &6 Attorney-General, 
read, and laid on the table. (Relative to the extension of the Water Front 
of San Francisco. See Appendix, No. 41.) 

Mr. Thomas^ tMn the Committee on Engrossed Bills, repbrted as cor- 
rectly engrossed, An Act to repeal an Act entitled an Actfor the relief 
of the Indigent Sick, approved April 16th, 1852. 

And the report was adopted. 

Mr. McFarland, from the Los Angeles Delegation, Tl^ponfted back As- 
sembly bill for An Act for dividing the county of Los Angeles and making 
a new county therefrom, and recommended its passage. 

The report was adopted, and the bill considered, and ordered engrossed. 

The following Message and communication of the CottrJjtroJl^of State 
were received, read, and two thousand copies ordered printed. 



Rmoia, March .24, 1853. ^ 
i • . 
2b the Senate muiAwemhly of Calif omia: 

In my Annual Message, at the conwexioeinqnt /of thfipreajwli^. gossip the 
financial conditkAi of the State w^ care AiUy. Reseated,; and yi)^r f^tpi in- 
-voked to relieve its embarrassBMents. As iudutiy I^^d, I rappinmeiided 
^eortalin measures deemed eds^ntial to the presei^ratioa of the faith and credit 
of the State, and the diminution of that burden of taxation which now wei,gli3 
io heavily on the energy and industry tyf .the pepple. These, embarrass- 
ments are daily increasing, and 1 am the more firmly convinced of the necea- 
'«ty and importaiiee-«if the in^asutes tfaein earnestly uirged upon.ywr consid- 
eratioBv 

Under extStiD^ oircumstaiioes, howev^, I feel it ui^j duty:. again to 'invite 
your attention to the condition of the finances of the State, and tq/Ofp^e £nr- 
ther suggestions which are regarded as important. 



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iUBOH25.] 321 

It is befieved that the State is possessed of Beach and Water property 
safficienty at least, if judiciously disposed of, to liquidate her entire civil 
indebtednesd— a result much desired and loudly demanded by our common 
constituents. 

As it will be necessary in this communication to make frequent reference 
to the actual condition of the finances of the State at the present time, an 
official" statement of the same has been obtained from the Comptroller of 
State, which is herewith submitted. (See Appendix, No. 42.) 

It will be seen, therefore, that the debt of the State has accrued since the 
organization of our State Government, at an average rate exceeding six 
hondrcd and seventy-one thousand dollars per annum, and must contihuo to 
iDcrease at about the same rate, until provision is made for the reduction of 
our expenditures, and the payment of all our liabilities in cash, instead of 
depreciated State paper. 

Such being the actual condition of things, we are called upon by every 
consideration of honor, patriotism, and fidelity to our constituents, to use the 
means legitimately at our disposal, for the purpose, of saving the sinking 
credit of die State, and rendering justice to the people whom we represent. 

The Attorney-General of the State, in a communication dated February 
18, 1853, addressed to the Assembly, makes the following statement : 

*' I think I may safely estimate the value of Beach and Water property, 
ID the city of San Francisco, which has not been disposed of according to 
the provisions of the statutes, and which rightfully belongs to the State, at 
Hie sum of five millions of doUars : a great part of which property is now 
held and claimed by persons who haire no legal or equitable right to it." 

Here we have the deliberate and unequivocal opinion of the legal adviser 
of the State, in which, so far as the United States is concerned, he is fully 
sustained by numerous decisions of the highest judicial tribunal of the 
country. 

The Supreme Court of the United States, at the January term, 1846, in 
the case of Pollard's Lessees vs. Hogan, decided that ^^ the right of eminent 
domain over the shores and the soils under the navigable waters, for all mu- 
nicipal purposes, belongis exclusively to the States within their respective 
territorial jurisdictions ; and they, and they only, have the constitutional 
power to exercise it. 

*^ To give to the United States the right to transfer to a citken the title 
to the shores and the soils under the navigable waters, would be placing in 
their bands a weapon which might be wielded greatly to the injury of State 
sovereignty, and deprive the States of the power to exercise a numerous and 
important . class of police powers. But, in the hands of the States, this 
power can never be used so as to affect, the exercise of any material right of 
emi&ent domain or jurisdiction with which the United States has been in- 
vested by the Constitution." 

The Court declare, " that by the preceding course of reasoning, we have 
arrived at these general conclusions : Fir^t, The shores of navigable waters 
and the soils under them,; were not granted by the Constitution of the. United 
States, Wt. were reserved to the States respectively. Secondly, The new 
States have t^e same rights, soiereignty, and jurisdiction over the subject, 
as the original States. Thirdly, The right of the United States to the publie 
lapads»j^il4 the:fi^er of Co^gre^s tO| make all needful rules and regulations 

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, 322 [Fbidat, 

for the sale .and disposition thereof, conferred no power orer the'' shores of 
navigable waters, and the soils under them." (See 8 Howard, 212.) 

At the January term, 1850, the Supreme Court of the United States, re- 
afiSrmed the above case, and the opinion of the Court was delivered by Chief 
Justice Taney as follows : 

*' This is an action of ejectment, brought by the plaintiff in error to recover 
a lot of ground in the town of Mobile, in the State of Alabama. He claim- 
ed title under an inchoate Spanish grant, dated December 12, 1809 ; and 
an Act of Congress confirming this title, passed July 2, 1836 ; and a patent 
from the United States, dated March 15, 1887, which issued in pursuance 
of the act of Congress. The validity of this title was disputed by the de- 
fendant, upon the ground that the premises were a part of the shore of a 
navigable tide-water river, lying below high water mark, when the State of 
Alabama was admitted into the Union, in 1819 ; and that, therefore, at the 
time of the passage of the act of Congress, the sovereignty and dominion 
over the place in question were in the State, and not in the United States ; 
and the Court instructed the jury, that if the land described in the plaintiff's 
declaration was below ordinary high water mark, at the time Alabama was 
admitted into the Union, the confirming act of Congress, and the patent, 
conveyed no title to the patentee. The same question upon the same act of 
Congress and patent, was brought before this Court in the case of Pollard 
vs, Hogan, at the January term, 1845, reported in 3d Howard, 212. That 
case was fully and deliberately considered, as will appear by the Report ; 
and the Court then decided that the act of Congress and patent conveyed 
no title.'' (See 9 Howard, pp. 477, 478.) 

These decisions, as well as many others which might be cited, to say no- 
thing of the universally admitted general principle of law, clearly establislv 
the right of the State of California to dispose of the " Shores of all navi- 
gable waters and the soils under them," within lier limits ; and that the 
State alone has the dominion and control of this property. 

It is also well settled by numerous decisions, that no separate or exclusive 
right, adverse to the State or public right, is acquired by a city or town to 
the tide waters or soils under them, by virtue of an act of the Legjdature 
extending the limits of such city or town over such waters. 

'* The Supervisor of the town of Flushing, in the State of New Yotky 
brought an action of debt for a petalty prescribed by a regulation of the 
town, by which it was ordered that no person should rake clams within the 
boundary of said town, and the decision of the Court was, that the town had 
no right to pass the law in question. The town of Flushing," the Court 
said, " must show a right of property to the lands in the bay, in order to 
entitle them to make rules and regulate the use of these lands. The Act 
extending the bounds of the town over the bay and into the Sound or East 
river, so as to include the islands southward to the main channel, was merely 
for the purpose of jurisdiction, and is no evidence of a grant of property in 
the 6oil covered by the water. AH the ground under the navigable waters 
of the Hudson river is within the boundaries of some town, for the purposes 
of civil and criminal jurisdiction ; but it does not follow that the lands under 
the water belong to the towns situated on the river." (See AngeU on -Tide 
Waters,, pp. 46,47.) 

It 16 &ot deemed net^ssaiy, in this cbmmu&icatioQ^ to BOtice the tdTene 

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Mabch25.] , 323 

olaims, originating under certain acts passed by the Legislature of this State 
of 1851, which it is presumed will be set up to this property by individuals- 
That such claims exist, is well understood, however ; and the sooner the 
questions involved are adjudicated upon and definitely settled, the better for 
all concerned. This property, though immensely valuable, so long as the 
question of title is unsettled, will remain, as at present, unproductive to the 
State. Its speedy improvement is certainly a matter of groat importance 
to the city of San Francisco, as well as to the State ; because it will add 
millions to the amount of taxable property, and of course greatly increase 
the revnues of both. In addition to the amount of property which will be 
then subjected annually to taxation, I have no doubt that, by a judicious dis- 
position of it, the State will directly realize a suiq more than sufficient, under 
the provisions of the Supplementary Funding Act of 1852, to liquidate the 
Civil Debt of the State. 

The opinion is expressed, and I doubt not by many honestly entertained, 
that the proposed extension of the Water Front of the city of San Francisco 
mast render the harbor less safe than at present. To demonstrate the error 
of this opinion, it is only necessary, it is believed, to direct your attention to 
the existing state of things at that pomt. 

It is a well known fact that, at this time, full one half of the more valua- 
ble vessels in the harbor of San Francisco are anchored out in the Bay, 
more than half a mile from the end of Long Wharf. These vessels, it is 
understood, have suffered no injury, though constantly exposed to all the 
dangers which can possibly exist, even if the Water Front was extended 
double the distance contemplated. The owners of these vessels, to say no- 
thing of the duties enjoined on the Harbor Master, it is fair to presume, are 
prudent as well as experienced men, who would not permit their ships, laden 
-with immensely valuable cargoes, to bo moored in a dangerous position. 

To assume that the Water Front of the city of San Francisco will not be 
extended, is to presume that the immense commerce, now rapidly concentrat- 
ing at that point, can be transacted within its present comparatively con- 
tracted limits, or that its operations will recede from, instead of encroach upon 
the water. The construction of the contemplated railroad from the Pacific 
to the Atlantic Ocean, will undoubtedly concentrate at San Francisco an 
amount of commercial business which will require for its safe, convenient 
and cheap transaction, more thaj^ fives times the area at present occupied. 
The correctness of this opinion, it is assumed, will not be questioned by those 
ivho have given the subject proper consideration. 

The finances of the State, as exhibited in the special report of the Comp- 
troller, are now in such a condition as to render efficient action by the pre- 
sent Legislature absolutely necessary. 

The duty has now devolved upon the agents of the State to devise means 
to maintain her credit, prevent a further accumulation of State indebtedness, 
and to effect as great a reduction of expenditures as possible, consistent with 
the public good. 

In my annual message, I pointed out the refon^a deemed praQtical and 
prudent, and it is not deemed necessary here to reiterate them. 

To relieve existing embarrassments and mamtfun the credit of the Sta^o> 
the present Legislature must either dispose of the Beach and Water pro** 

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824 [Fridat, 

petty over which the State has exclusive control, or provide the means re- 
quired by increased taxation. 

The Beach and Water property at San Francisco, if advantfegeonslj/ dis- 
posed of, it is confidently believed, will yield an amount amply sufficient to 
placo' the credit of the State upon a permanent basis. The other mode of 
providing the required means, as above remarked, is increased taxation upon 
our constituents — at a time, too, when a large portion of them cannot meet 
additional demands without serious inconvenience. The fires and floods of 
the past year have swept from thousands of our most valuable and enter- 
prising citizens nearly all their available means, leaving them little else than 
naked lots, and farms without herds. To burden the people with the in- 
creased taxation necessary to relieve the wants of the Treasury, in my judg- 
ment, would not only be exceedingly oppressive, but greatly retard the pros- 
perity of the State. It is a well known fact that onerous taxation for years 
greatly retarded the settlement and growth of several of the other new States 
of the Confederacy, and will have the same blighting influence upon the in- 
terests of California, unless avoided. 

No good reason has been or can be assigned, why the Legislature, in 
preference to increasing taxation upon the people, should not dispose of the 
Beach and Water property, and at once provide the means necessary to 
sustain the State's credit, and render unnecessary a further increase of in- 
debtedness. It is true that objections have been urged to the measure ; 
but inquiry and investigation have satisfied me that, although it may inter- 
fere with ndividual speculations, no injury to great public interests can 
possibly result from it. 

The Debt of the State must continue to increase, and its evidences of in- 
debtedness depreciate annually, until means are provided to meet, as they 
accrue, and in cash, the necessary expenses of government. At this time, 
every article purchased for State use, as well as every service rendered, 
costs the State, owing to the fact that her evidences of indebtedness are 
greatly depreciated, nearly forty per cent, more than if paid on demand 
and in cash. It is clear, then, that by providing the means necessary to 
meet, in cash, accruing demands, you at once reduce State expenditures 
more than one third. This desirable object, as well as the liquidation of at 
least the Civil Debt of the State, as before remarked, it is confidently be- 
lieved, can be attained by disposing, under the provisions of a carefully 
guarded Legislative enactment, of the Beach and Water property held by 
the State. 

Adopt the measures now proposed, and mature as speedily as possible the 
several reforms recommended in my annual message, and I fully believe that 
the credit of the State will be so well established, that nothing short of the 
most gross mismanagement of her financial affaii'S, can hereafter affect any 
material change. 

Having thus candidly expressed my own views, I commend the whole 
subject to your careful consideration, with the assurance of my entire wil- 
lingness to CO 'Operate with you in the important work of relieving, by judi- 
cious legislation, the present embarrassed condition of our State finances, 
reducing public expenditures, and arresting a rapid accumulation of State 
indebtedness. 

JOHN BIGLER. 

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Mr. Wing moved to take from the table Assembly bill for An Act to dis- 
pose of the interests of the State of California in certain property, and 
quiet the title thereto. 

On which the ayes and nays were demanded, and the bill was taken from 
the table by the following vote : 



ATES. 



Messrs. Bell, 


Messrs. Meredith, 


Blake, 


McCandlcss, 


Brash, 


McKamy, 


Carhart, 


McMah«n, 


Cardozo, 


McMeans, 


Covarrubias, 


Myres, 


Fairfax, 


Oliver, 


Harrison, 


Proctor, 


Herbert, 


Redding, 


Hoff, 


Rogers, 


Hunt, 


% Tilghman, 


Irwin, 


Wells, 


Kittrcdge, 


Wing— 26. 




NAYS. 


Messrs. Cabaniss, 


Messrs. McFarland, 


Canney, 


McGarry, 


Conness, 


Owen, 


Crenshaw, 


Reading, 


Estep, 


Robinson, 


Ewing, 


Sime, 


Flower, 


Taylor, 


Hally, 


Thomas, 


Huse, 


Walker, 


Letcher, 


Yeiser, 


Mandeville, 


Speaker— 22, 



Mr. Wall moved to make the bill the special order for Wednesday next, 
March 30th, 1853, at 12 o'clock, M., on which the ayes and nays wore 
demanded, and the bill was so made the special order by the following 
TOte: 



AYES. 



Messrs. Cabaniss, 


Messrs. McEamy, 


Conness, 


Owen, 


Crenshaw, 


Proctor, 


Estep, 


Reading, 


Ewing, 


Robinson, 


Flower, 


Sime, 


Gardner, 


Snyder, 



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[FttlOAY, 



Messrs. Hallj, 


Messrs. Taylor, 


Huse, 


Thomas, 


Letcher, 


Walker, 


Mandcville, 


Wells, 


McFarland, 


Teiser, 


McGarry, 


Speaker— 26 




NAYS. 


Messrs. Bell, 


Messrs. Irwin, 


Blake, 


Kittredge, 


Bru#h, 


Meredith, 


Canney, 


McCandloss, 


Carhart, 


McMahon, 


Cardozo, 


McMeans, 


Covarrubias, 


Myres, 


Fairfax, 


Oliver, 


Harrison, 


Redding, 


Herbert, , 


Rogers, 


HofF, 


Tilghman, 


Hunt, 


Wing -24. 



On motion of Mr. Myers, Assembly bill as amended by the Senate, for 
An Act to provide for the protection of Foreigners, and to define their lia- 
bilities and privileges, was then taken up, and the Senate amendments 
concurred in, and one thousand copies of the bill ordered printed. 

On motion of Mr. Hally, Senate bill for An Act to amend an Act to re- 
incorporate the city of Stockton, approved April 2l8t, 1852, was taken 
from the table, considered, read a third time, and passed. 

On motion, at 3 o'clock, P. M., the House adjourned by the foUowmg 
vote: 



AYES. 



Messrs. Bostwick, 
Gabaniss, 
Carhart, 
Crenshaw, 
Flower, 
Gardner, 
Harrison, 
Hunt, 
Knight, 
Letcher, 
Mandeville, 
McGarry, 



Messrs. McKamy, 
Moore, 
Proctor, 
Reading, 
Redding, 
Rogers, 
Sime, 
Taylor? 
Thomas, 
Wells, 
Yeiser— 23. 



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Mabgh 25.] 



327 



KATB, 



Messrs. BeU, 
Blake, 
Canney, 
Cardoso, 
Fairfax, 
Hally, 
Herbert, 
HoflF, 
Irwin, 



Messrs. Leake, 

Meredith, 

McMahon, 

McMeans, 

Myres, 

Oliver, 

Owen, 

Tilghm»n, 

Wing— 18. 



HOUSE OF ASSEBMLY. 



. - Saturday, March 26, 1853. 

The House met pursuant to adjournment. 

The Speaker in the chair. 

The roll was called by the Clerk, and the following members were ab- 
sent: 

Messrs. Gardner, Gaifield, Hoff, Knight, McCandless, Proctor, Reading 
of Trinity, Redding of Yuba, Robinson, Thomas, Tilghman, Walker, 
and Yeiser. 

On motion, leave of absence was granted for one day, to Messrs. Gar- 
field, Reading of Trinity, Redding of Yuba, Robinson, Gardner, and 
Knight 

The Journal of Friday last was read and approved. 

Mr. Owen presented the petition of J. S. Dean for a grant of cerlain 
property in the city of Benicia for the purpose of locating a United States 
Government Floating Dry Dock. 
-Which was read and referred to Committee on Commerce. 

Mr. Letcher presented the petition of the Directors of the Pacific and 
Atlantic Railroad Company, praying for an extension of time for construe* 
ting their road. 

"^hich was read and referred to the Committee on Corporations. 

Mr. Cardozo, from the Committee on Commerce, reported back Assem- 
bly bill for An Act to prevent persons from obstructing the channels of 
Humbolt Bay and Harbor, and recommended its passagd. 



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The report was adopted and the bill ordered engrossed for a third 
reading. 

Mr. Cardozo, from the Committee on Public Lands, reported bark As- 
semly Joint Resolution relative to Public Lan<ls, and Internal improve- 
ments, and recommended its passage. 

The report was adopted, and the resohition laid on the table. 

Mr. Bostwick, from the select committee to whom was referred the 
subject of passing a law for the better jobservance of the Sabbath, submit- 
ted the following report. (See Appendix, fs'o. 43.) 

Which was read, laid on the table, and two hundred and forty copies 
ordered to be printed. 

Mr. Bostwjck, from the same committee, introduced a bill for An Act 
respecting the first day of Ine week, commonly called Sunday. 

Which was read a first and second time, and laid over under the 
rules. y 

Assembly substitute for Assembly bill for An Act to authorize the 
Comptroller to audit the accounts of the President of the Board of Trus- 
tees of the Stockton State Hospital, together with the bill, was then ta- 
ken up, and the substitute was adopted by the following vote : 

ATES. 



Messrs. Bell, 


Messrs. Martin, 


Bostwickj 


Meredith, 


Cabaniss, 


McGarry, 


Carhart, 


McKamy, 


Cardozo, 


McMahon, 


Crenshaw, 


McMeans, 


Estep, 


Moore, 


ilwing, 


Myres, 


Fairfax, 


Oliver, 


Fk>wer, 


Owen, 


Hally, 


Rogers, 


Harrison, 


Sime, 


Herbert, 


Taylor, 


Heydenfeldt, 


Thomas, 


HofF, 


Tilghman, 


Huse, 


Walker, 


Kittredgc^ 


Wells, ' 


Leako, 


Wing, 


Letcher, 


Yeiscr— 38 




NAYS. 


Mr. Conncss — 1. 





The House went into committee of whole, (Mr. Taylor in the chair,) 
on the considoration of the substitute, and having considered the same, 
rose and reported it back, with amendments, recommended their adoption 
and asked to be discharged from further consideratioujof the subject. 

Which was granted. 



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On the question of coDCnrring in the amendments, the ayes and nays 
were demanded, and the amendments were concurred in by the follow- 
ing vote: 



A7B8. 



Means. Bell, ., 


Messrs* Meredith, > 


Blake, 


McMahon, 


Garhart, 


McMeaoa, 


Gardozo, 


Moore, 


Ewihg, 


OJirer, 


Flower, 


Qwen, 
R)gers, 


Hally, 


Herbert, ^ 


Sime, . 


Heydenfeldtp 


. r . . Tfy^K 


Boff, 
Leake, 


aSldunan, 
Walker, 


MandeYiIle, 


Wing, 


Martin, 


Teiser— 26* 




ITATS. 


Messrs* Bostwick, 


Messrs. Eittredge, 


Brush, . 


Letcher, 


Gabamss, 


McFarland, ; 


Gomiess, 


McGarrj, 


Crenshaw, 


McKamj, 


Estep, 


Thomas, 


Hunt, 


W^, 


Lrwin, 


Speaker— 16. 



Mr. Hally moved that ihe bill be read a third time now. 
On which the ayes and nays were demanded, and it was ordered to a 
third reading, by the following yote : 



ATBS. 



Messrs. BeD, 


Messrs. Meredith, 


Blake, 


McEamy,. 


Brash, 


McMahon, 


Garhart, 


McMeans, 


Cardoso, 


Moore, 


Covarrabias, 


Myres, 
OKver, 


Ewing, 


Flower, 


Owen, 


HaUy, 


. , . , , |Bogers, 


.., .^HarrisoB, 


. : , ^, , Snyder, 


' ' Herbert, 


Thomas, 


Heydenfeldt, 


Hoff, 


ISIghman, 



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.tflfffi?-S?^*= 



Mandeyilley 
Martiii, 



Meosn* Bostwiick. 



wing, 
Teiser— 84. 



katA. 



CreDsbaTfy 
Estep, ' 
Irwin, # 



Messrs. Eittredg6u 
Letchet. ' 



McFd^Mbd, 

Sune, ■ 
Speaker-^IJJ. 



The bill was then read a third time, and on the . ^nestion^ '^ Shall the 
bill now be passed T^ i\^ ayes and nays were d^ahd^d, and the biU 
passed by the fdlbwjjig vole : ^ ' ^ 



AYES. 



Messrs. Bell, 
Blake, 
CardoasD, 
Goyarrjflnas, 

HalK*-- • . 
Harnson, 
Herbert/'* 
^denftidt. 

Leake. 

Mand^VQIe, 

M6Mi&P 



Messrs* 



Mesns. McKamy, 
McMahon, 
McMeans^ 
Moore, '' 
Myres, 
OKvef^ 
Rogers, 
Sime,"'* 
Siyder, 
Taylor, 
Tilghman, 
Walker, 

•' / i' yciflcr JiflL 



KATS. 



Contiewl' ' 
CreAlh% 
Estep, ''^^ 
Hunt, 
Irwin, ' 



Messrs. Eittredge, 
Letcher, ' 
McFarland. 
Owen, 
Thomas, 
Wells, ' 
Sjwfeafc^r^lS^ 



Mr. ^all, (Mr. Rei^detlfeldt in the chair,) mored to a^otirn^ 
On which the s^ff!¥i!iiS^ nays weie demanded and t'Ke Hcnse 



10 adjmim by the MloWttig voce 



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831 



ATB0. 



Messrs. Cabaniss, 


Messrs. Olirei^, 


Conness, 


Rogers, 


Crenshaw, 


Sime, 


Flower, 


Snyder, 


Leake, 


Taylor^ ' 


Letcheifi . 


Thomas; ' 


McPiirtafid'^ 


Wells, 


McGi^, 


Yeiser,; .. 


Mobre^ 


Speakeiv-ia 




NATS. 


Mens. B^, 


Messrs. Honl^ 


Blake, 


Irwin, , 


BoOTWick,'' 
Brush, 


Eittred^e,^ 
Mando^lS,; 


Carhartj 
Cardoso, 


McCandleiAii 


Covarrabiaa, 


McMahon, 


Estep, 


Embg, 
Fairfax, 


^;Sr 


Harrison, 


Owen, 


Herbert, 


Tilghman, 
Way^er. . 


Hejdenfeldt, 


Hoff, 


Wmg— 28. 



Mr. Ewinff moved to reconsider the vote of yesterday, by \«'hich A»* 
sembly bill m An Act to dispo^ of the interests of the State of Califor- 
nia in certain property and quiet the title thereto, was made the special 
order for Wednesday next at 12 o'clock, M. 

Mr. Owen in the chair. 

Mr. Wall moved a call of the House. 

On which the ayes and nays were demanded, and the House refused 
Co sustain the call by the followiiig'^o'te : 



▲TB8. 



Messrs. Cabuiisi, 

Conn^Bs^ 
Creoisliiaw, 
Hower, 
HoJfl , 
Letcher^. ^ 
MandenDe^ 



Messrs. Olive^', 
Owep^ 

Snyder, 
Taylor, 



Welb, 



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Meflsn. McFarlandy 


Messrs. Teiser, 


McGarry, 


Speaker— 19. 


Moore^ 






KATS. 


Messrs Bell, 


Messrs. Hunt, 


Blake, 


Irwin, 


Bostwick, 


Kittredge, 


Brush, 


Leake, 


Cariiart, 


Meredith, 


Cardozo, 


McGandless, 


Govarrabias, 


McEamy, 


Estep, 


McMahon, 


Ewmg^ 


McMeaas, 


Fairfax, 


Myres, 


^ Hally, 
Harrison, 


Tilfl^man, 
Wdker, 


Herbert, 


Wing— 27. 


Heydenfeldt, 





Mr. Taylor moved to lav the motion to reconsider, on the table. 
On which the ayes ana nays were demanded, and the House refused 
to lay on the table, by the following vote : 



ATBS. 



Messrs. Bostwick, 


Messrs. Owen, 


Cabaniss, 


Sime, 


Oonness, 


Snyder, 


Crenshaw, 


Taylor, 


Flower, 


Thomaa, 


Letcher, 


Walker, 


McFarland, 


Wells, 


McGarry, 


Teiser, 


Moore, 


Speaker^ig 


Oliver, 




• "( ' 


NAYS. 


Messrs. Bell, 


Messrs. Hunt, 


Blake, 


twin, 


Brush, 


Kittredge, 


Oarhart, 


Leake, 


Cardoso, 


Meredith, 


Covarrubias, 


McCandless, 


Estep, 


McKamy, 


Ewing, 


McMahon, 


Fairfax, 


McMeans, 


HaUy, 


Mjrea, 



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Maboe26.] 

Messrs. HarrisoB, 
Herbert, 
Hejdenfeldt, 
Hoff, 



333 



Messrs. Rogers, 
Tilghman, 
Wing— 27. 



Mr. Herbert moved that the ''previous question," be now put. 
On wbich,.lhe ayes and nays were demanded, and the motion was 
sustained by the following vote : 



AYES. 



Messrs. Bell, 


Messrs. Irwin, 


Blake, 


Eittredge, 


Bostwiok, 


Leake, 


Broah, 


Mandeville, 


Carhart, 


Meredith, 


Cardoso, 


McCandless, 


Covarmbias, 


McKamy, 


Esfcep, 


MoMahon, 


Ewing, 


McMeans, 


Fairfax, 


Myres, 


HaUy, 


Rogers, 


Harrison, 


Tilghman, 


Herbert, 


Wing— 27. 


Hunt, 






NATS. 


Messrs. Conness, 


Messrs. Owen, 


Crenshaw, 


Sime, 


Flower, 


Snyder, 


Heydenfeldt, 


Taylpr, 


Hoff, 


Thomas, 


McFarland, 


Walker, 


McGarry, 


Wells, 


Moore, 


♦Teiser, 


Oliver, 


Speakei^lS. 



The main question was then put 

On which the ayes and nays were demanded, and the vote was recon- 
sidered by the following vote : 



AXSS. 



Messrs. Bell, 


Messrs. Hoff, 


Blake, 


Hunt, 


Brash, 


Irwin, 


Carhart, 


Eittredge, 


Cardoso, 


Mereetith, 


Corarmbias, 


MeCaodless, 



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JEiTcmiM^ 



M088T8. 



Ewing, 

Fairfax, 

Hallj, 

Harrison, 

Herbert, 

Hejdepfeldt, 



Bostwick, 

Cabanisd, 

Connese, 

Gren^awy 

Flower, 

Leakj$, 

Letobery ' 

Mandeivill^( 

McFarland, 

McGarry, 

Moore, 



McEtan^, 
McMattoii; 
. MeMeioa, 
Myres, 
Rogers, 
Tilgfanumv 



NATS. 



Messrs. Oliver, 
Owen, 
Proctor, 
Sime, 
Snyder^ 
Taylbr, 
Thonmit, 
Walker^ 
Wells, 
Teiser, 
Speaker — ^2. 



The question then being on making the bill th« special order for 
Wednesday next at 12 o'clock, M. 

The ayes and nays were demanded, and it was decided in the nega- 
tive, by the following vote : 



ATSB. 



Messrs. Bostwiok, 


Messrs, Oliver, 


Gabaniss, 


Owen, 


Gonness, 


Proctor, 


Grenshaw, 


Sime, 


Flower, 


Snyder, 


Hally, 


Taylor, 


Leake, 


Thomas, 


Letcher, 


Walker, 


Mandeville, 


Wells, 


McFarland, 


Teiser, 


McQarry, 


Speaker— 28 


Moore, 






VAYi. 


Messrs. Bell, 


Messrs. Hunt, 


Blake, 


Irwin, 


Brush, 


MereaitH', 


Gariiart 


Cardoao, 


McfOabdleni, 


Oovamibia^ 


Jncxiitniy, 



L 



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Messrs. Esiep, 


Messrs. HoS; 


Ewing, 


McMahon, 


Fidrfax, 


McMevQSy 


HarrisoQy 


Rogera, 


Herbert, 


Tilghrofta, 


Heydeofoldt, 


Wing— 25, 



Mr. Wall iD0Vje4 thU the bill be made the special osderJ^r Wednes- 
day next, at half past elafven o'clock, A. M. 

On which, the ayes and nay^ were demanded, and it was decided in 
tbe negative by the foUawing vote : 



▲YES. 



Messrs. Bostwick, 


Messrs. Oliver, 


Cabanisa, 


Owen, 


CoDQess, 


Sime, 


Crensi^v^ 


Snyder, 


Rower,' . 


Taylor, 


Hally, 


Thomas 


Letcher. 


Walker, 


MaDdeviQe, 


Wells, 


McFarlaody 


Teiser, 


McGarrj, 


Speakex^^l. 


Moore, 






KATS. 


VfiWHi B^D, 


M(9WS« 5unt, 


^^^' Blake, 


Irwin, 


^rosh, 


Sittredge, 


Carhart, 


Memlith, 


Cardozo, 


McCandless, 


Ciav^rnibiilfh 


MttKanxy, 


Estep, 


McMahtm, 


Ewing, 


McMeans, 


Fairfax, 


Myres, 


Harrison, 


Rogers, 


Herbert, 


' Tilghman, 


HoflF, 


Wing~24. 



Mr. Wall moved Ihfiit the bill be made the special order for Wednesday 
next at eleven o'clock, A. M 

On which, the ayes.aod nays were demanded, and it was decided in 
the negative by the. following vote : 



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33<^' 



fSAicoBDXlr, 



ATES. 



Messrs. Cabaoiss, 


Messrs. 


Oliver, - 


Gonness, 




Owen, ^ 


Crenshaw, 




Sime, 


Flower, 




Snyder, 


Rally, 




Taylor, 


Heycbnfeldt, 




Thomas, 


Letcher, 




Walker, 


Mandeville, 




WeHs, 


McGarry, 




Yeiser, '" 


Moore, 




Speaker— 20. 




. NATS. 


: .p-i ' • 


Messrs. Bell, 


Messrs 


. Irwin, 


Blake, 




Kittrodge, 


Brush, 




Meredi£, 


Garhart, 




McCandless, 


Cardoso, 




McKamy, 


Covarrubias, 




McMahon, 


Ewing, 




McMeans, 


Fairfax, 




Myres, 


Harrison, 




Rogers, 


Herbert, 




Tilghman, ' 


Hoff, 




Wing— 2g. 


Hunt, 







Mr. Wing moved that the House now go into committer of thb whole 
on the consideration of the bill. 

Mr. Crenshaw moved as an amendment that the House gO' into com- 
mittee of the whole on the consideration of the bill, on Tuesday next at 
12 o'clock M. 



On which the ayes and nays 


were 


demanded and decided In the neg- 


ative by the following vole : 








ATES. 


Messrs. Cabaniss, 




Messrs. Oliver, 


Conness, 




Owen, 


Crenshaw, 




Sime, 


Flower, 




Snyder, 


Hally, 




• Tiylor, ' ' 


Heydenfeldt, 




' Thomas, * 


Letcher, 




Walker, 


Mandevflle, 




Wells— ^6. 


McFarland, 




Teiser, 


McGarry, 




Speaker— 21. 


Moore, 






1 

1 




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Mamh 26.] 



337 



KATS. 



Meam. BeU, 


M680T8« Irwin, 


Blake, 


Eittredge, 
Meredith, 


Brash, 


CaAart, 


McCandless, 


Cardozo, 


MeEamji 


Covamibiafl, 


McMahon, 


Estep, 


MoMeans, 


Ewing, 


Myres, 


Fairfax, 


Rogers, 


Herbert, 


!Kl^man, 


Hoff, 


Wing— 28- 


Hunt, 





Mr. Oliver moved to adjourn. 

On which the ayes and nays wew demanded, and the House refused to 
adjourn by the following vote : 



ATIfiH. 



Messxa. Bostwick, 


Messrs. Owen, 


Cabahiss, 


Sime, 


Conness, 


Snyder, 


Crenshaw, 


Taylor, 


Flower, 


Thomas, 


Letcher, 


Walker, 


McFarland, 


Wells, 


McGarry, 


Teiser, 


Moore, 


Speaker— 19, 


Oliver, 






VATS. 


Messrs. Bell, 


Messrs. Hunt, 


Bkke, 


Irwin, 


Broshl 


Kittredge, 


Garhart, 


Leake, 


Cardozo, 


MandeviUe, 


Covarrubias, 


Meredith, 


Estep, 


McCandless, 


Ewing, 


McKamy, 


Fairfaj:, 


McMahon, 


HaHy, 


McMeans, 


Harrison, 


Myres, 


Herbert, 


5f!8?"' 


Heydenfeldt, 


^nighman, 


Hos; 


Wing— 28. 



43* 



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Mr. Wing moved that the previous question be now put. 
On which, the ayes and nays were demanded, and it was decided in 
the affirmative^ by the fbilowii^ vote : 



ATES. 



Messrs. Beff, 


Messrs 


Hunt, 


Blake, 




Irwin, 


Brush, 




Eittredge, 


'Carhart, 




MandcTiIle, 


Cardoso, 




Meredith, 


Covarrubias> 




McCandless, 


Eistep, 




McKamy, 


Ewiiig, 




McMahon, 


Fairfax^ 




McMeans, 


Hally, 




Myres, 


Harrisonv 




Rogers, 


Herbert, 




Tilghman, 


Hofi; 


VATS. 


Wing -26. 


Messrs. Bostwick, 


Messrs. 


Owen, 


Gabaniss, 




Sime, 


Conness, 




Snyder, 


Crenshaw, 




Taylor, 


Flower, 




Thomas, 


Heydenfeldfc, 




Wells, 


Letcher, 




Teiser, 


Moore, 




Speaker— IT. 


Oliver, 







The main question was then put. 

On which the ayes and nays were demanded and the House agreed to 
go into committee of the whole, by the following vote : 



AYES. 



Messrs. Bell^ 


Messrs. Hunt, 


Blake, 


Irwin, 


Brush, 


Kittredge, 


Garhart, 


Mandeville, 


Cardozo, 


Meredith, 


Covarrubias, 


McCandless, 


Estep, 


McKamy, 


Ewing, 


McMahon, 


Fairfax, 


McMeans, 


Hally, 


Myres, 


Harrison, 


Rogers, 


Herbert, 


Tilghman, 


Hoff, 


Wmg— 26 , 

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Mi£OH 26.] 3S9 

JTATB. 

Messrs. Bostwick, Messrs. Oliyer, 

Cabaniss, Sime, 

Oonnessy Snyder, 

Crenshaw, Taylor, 

Flower, Wells, 

Heydenfeldt, Yeiser, 

Letcher, Speaker— 15. 
Moore, 

The House th«fi went into committee of the whole, (Mr. Wing in the 
<^hair,) on the considieration of the bill, and having considered the same, 
rose and reported it back with amendments, and asked to 1^ discharged 
£x>m the further cansideration of the sutgect. 

Which was granted. 

Mr. Herbert moved a call of the House. 

On which the ayes and nays were demanded. 

And the call was sustained by the following vote: 



Messrs. Bell, 


Messrs. Hose, 


Blake, 


Irwin, 


Brash, 


Eittred^, 


Oarhart, 


MandoviQe, 


Cardozo, 


Meredith, 


Covarrubias, 


McKamy, 


Estep, 


McMakoB, 


Ewing, 


McMeans, 


Fairfax, 


Myres, 


Hally, 


Owen, 


Harrison, 


Rogers, 


Herbert, 


Tilghman, 


Heydenfeldt, 


Wells, 


Hoff, 


Wing— 29. 


Hunt, 




. 


NATS. 


Messrs. Flower, 


Messrs. Snyder, 


McGarry, ^ 


Taylor, 


Oliver, 


Speaker— 7 


Sime, 





The roll was then called by the Clerk, and the following members 
were found absent : 

Messrs. Bostwick, Gabaniss, Crenshaw, Knight, Martin, McFarland, 
Moore, Pacheco, Robinson and Walker. 

. Mr. Myres moved that further proceedings under the call be dispensed 
with. 

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{Satobmt, 



Which was agreed Uk 

Mr. Mjnres moved that the Hovise cmciur in the amendments reported 
by the committee of the irtude. 
Mr. Wms moved the preyiotis question. 
On whim dae ayes and nays were demanded, and lesalted as follows: 



ATBS. 



Umn Be», 


Messrs. Irwin, 


Blake, 


Eittredge, 


. Bnsh, 


AfandenUe, 


Oaifaart, 


Meredith, 


CanhMO, 


MoCandkes, 


Cwtankaae, 


MeKamy, 


Estep, 


M<Afah(Hi, 


Ewmg, 


MoMeaos, 


Faii&x, 


Mjies, 


Harrison, 


Owen, 


Heibert, 


Rogers, 


Hofl^ 
Hunt, 


l^lghnum, 
WeUs, 


Hose, 


Wing— 28. 




. HATB. 


Heydenfeldt, 


Mr.Leake-8. 



No qnorom voting, 

Mr. Ropers moved a call of the House. 

On which the ayes and nays were demanded. 

And the call was sustained by the following vote : 



ATBS. 



Messrs. BeB, 


Messn. Hose, 


Blake, 


Irwin, 


Brash, 
Garhart, 


Kittredge, 
MaadeviUe 


Gardozo, 


Meredith, 


CoYsimbisSj^ 

Bwing, 
'Fair&z, 
HaUjr, 
£Bu4nson, 
Heibert, 


McFariand, 

MeKvhj, 

MeMahon, 

MeMeans, 

Myres, 

Ow<ni, 

Proctor, 


HeydesfeUH, 

Hofl^ 

Htmt, 


Rogers, 
TUgihrnaa, 
Wing— M. 



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Mabch 26.] 



MesBTB. OotmeflSy 
McGarry, 
Olirer, 



341 

NATS. 



Thomas—^. 



The roll was then called ' by the Glerk^ and the fbllowing members 
were found absent : ' 

Messrs. Blake, Bostwick, Cabaniss, Crenshaw, Martin, Moore, Pacheoo 
Snyder, Walker and Yeiser. 

On motion of Mr. Herbert, fmrther pixx^edings under the call were dis- 
pensed with. 

Mr. Wing, on leave, withdrew the motion for the prerious question. 

Mr. Crenshaw moved that the bill be made the special order for 
Tuesday next, at 12 o'clock, M. 

On which the ayes and nays were demanded. 

And it was decided in the negative by the following vote : 

AYB8. 



Messrs. Oonness, 


Messrs. Oliver, 


Crenshaw, 


Owen, 


Rower, 


Proctor, 


HaUy, 


Sime, 


Heydenfeldt, 


Snyder, 


Huse, 


Taylor, 


Leake, 


Thomas, 


Letcher, 


Wells, 


Mandeville, 


Yeiser, 


McFarland, 


Speaker— 28. 


McQarry, 






NAYS. 


Messrs. Bell, 


Messrs. Hunt, 


Blake, 


Lrwin, 


Brush, 


Kittredge, 


Carhart, 


Meredith, 


Gardozo, 


McCandless, 


Covarrubias, 


McKamy, 


Esiep, 


McMahon, 


Ewbg, 


McMeans, 


Fairfax, 


Myres, 


Harrison, 


Rogers, 


Herbert, 


Tildiman, 


Hofl; 


Wing-24. 



On motion of Mr. Brush, the bill was then made the special order oi 
the day for Tuesday next, immediately after roll call. 
A message was received from the Senate, informing the Assembly that, 

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342 [MoNPAT, 

they passed, on the 23d inst., An Act supplementary to an Act creating 
and regulating Public Perries, passed March 18th, 1850 ; 

Also, Assembly Joint Resolution in relation to the establishment of 
Post Offices and Mail Routes in the northern part of the State ; 

Also, Assembly bill for An Act to exempt Firemen from Militia service 
and Jury duty. 

Senate bill for An Act supplementary to an Act creating and regulating 
Public Ferries, passed March 18, 1850, was read a first time, and laid 
over imder the rules. 

A message was received from the Governor, informing the Assembly 
that he did, on the 26th inst, approve An Act to create the County of 
Alameda and establish the Seat of Justice therein, to define its boundaries 
and to provide for its organization ; 

Also, An Act to ascertain the Indebtedness of Mariposa and El Dorado 
Counties ; 

And An Act to exempt Firemen from Militia service and Jury duty. 

On motion, at 9 o'clock, P. M., the House adjourned. 



HOUSE OF ASSEMBLY. 

Monday, March 28, 1868. 

The House met pursuant to adjournment. 

The Speaker in the Chdr. 

The roll was called by the Clerk, and the following members were absent : 

Messrs. Slake, Carhart, Govarrubias, Estep, Fairfax, Gardner, Garfield, 
Huse, Irwin, Leake, Martin, McCandless, McMeans, Myres, Pacheco,Read- 
mg of Trinity, Robinson, Sime, Thomas, Tilghman, Wing and Mr. Speaker. 

On motion, leave of absence was granted for one day each to the absen- 
tees. 

On motion of Mr. Cardozo, the reading of the of the Journal was dispensed 
with. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled. An Act to provide for the Protection of Foreipiers, and 
to define their liabilities and privileges, and the report was adopted. 

Mr. Meredith gave notice that he would, at an early day, introduce a 
bill for An Act to amend an Act to provide for levying, assessing and col- 
lecting the Public Revenue. 

Mr. Hally subnutted the following resolution, which was read and adopted : 



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Makch 28.] 343 

Mesolvedj That the Bev. Bishop Soule be, and he is hereby invited to 
preach in the capitol, at Benicia, at such time as may suit his convenience. 

Mr. McMeans introduced a Joint Eesolu^on for the relief of C. H. 
Veeder. 

Which was read a first and second time, and referred to the Committee 
on Claims. 

Mr. Thomas, from the Committee on Engrossed Bills, reported as cor- 
rectly engrossed. An Act to prevent persons from obstructing the channels 
of Humboldt Bay and Harbor. 

Also, An Act for dividing the county of Los Angeles, and making a new 
county therefrom, and the report was adopted. 

On motion of Mr. Crenshaw, Assembly bill for An Act for the relief of 
Thomas A. Hilton, M.D., was taken from the table, and read a seoond 



The House then went into committee of the whole, (Mr. Heydenfeldt in 
the chair,) on the consideration of the bill, and having considered the same, 
rose, and reported it back with an amendment, recommended its passage, 
and asked to be discharged from further considcraUon of the subject. 

Which was granted. 

The amendment was then concurred in by the House, and the bill as 
amended was then read a third time, and passed. 

Mr. McMeans submitted a resolution, authorizing the chairman of the 
Committee on State Hospitals to employ a Clerk. 

Which was read and adopted. 

Mr. Myres, on leave, introduced a bill for An Act to amend the fourth 
section of an Act respecting Fugitives from labor, and Slaves brought to this 
State prior to her admission into the Union, approved April 15, 1852. 

Which was read a first and second time, and referred to the Judiciary 
Committee. 

Assembly bill for An Act dividing the county of Los Angeles, and making 
a new county therefrom, was then taken up, read a third time and passed. 

Mr. McMeans, from the Committee on Ways and Means, reported back 
Assembly bill for An Act to provide for the payment of the per diem and 
expenses of the Legislature during the year 1854, with an amendment. 

Which was adopted, and the bill laid on thp table. 

A message was received from the Senate, informing the Assembly that 
£hey did, on the 20th instant, pass An Act for the relief of Wm. Akenhead, 
County Treasurer of Santa Clara county. 

And An Act for the relief of Capt. Joseph Walker. 

Senate bill for An Act for the relief of Wm. Akenhead, County Treasurer 
of the county of Santa Clara, was then taken up, read a first and second 
time, and referred to the Committee on Claims. 

Senate bill for An Act for the relief of Capt. Joseph Walker, was then 
taken up, read a first and second time, when the House went into committee 
of the whole, (Mr. Myres in the chair,) on the consideration of the bill; 
and having considered the same, rose, and reported it back without amend- 
ment, and recommended its passage, and asked to be discharged from fur- 
ther consideration of the subject. 

Which was granted. 

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S44 [Monday, 

The bill was theu read a third time, under a sospeoaion of the roles, and 



The following message was receiyed firom the Senate : 
Mr. Speaker : 

The Senate passed, on the 25th instant, An Act to provide for the Incor- 
poration of Railroad Companies. 

And passed An Act to provide for the formation of Corporations for c^v 
tain purposes. ^ 

And passed, this daj, An Act in relation to Clerks in the office of Secre- 
tary of State, and to provide for their pay. 



k 



By order of the Senate. 

A. C. BRADFORD. 

Secretary, 
arch 26, 1853. 



Senate bill for An Act to provide for the Incorporation of Railroad Com- 
panies, was then taken up, read a first and second time, and referred to the 
Committee on Corporations, and two hundred and forty copies ordered to 
be printed. 

Senate bill for An Act to provide for the formation of Corporations for 
certam purposes, was then taJcen up, read a first and second time, and refer- 
red to the Committee on Corporations, and two hundred and forty copies 
ordered to be printed. 

Senate bill for An Act in relation to Clerks in the office of Secretary of 
State, and to provide for their pay, was then taken up, read a first and sec- 
ond time^ and referred to the Committee on Claims. 

On motion of Mr. Proctor, Senate bill for An Act to amend an Act enti- 
tled an Act declaring certain rivers and creeks navigable, passed February 
18th, 1853, was taken from tixe table, and referred to the Committee on 
Commerce. 

Mr. Herbert introduced a Joint Resolution requiring the Comptroller to 
draw his warrant for the arrest or killing of the robber Joaquin. 

Which was read a first and second time, and referred to the Committee 
on Military Affidrs. 

Mr. Crenshaw presented the account of George Drugley, for J171 38, 
for furniture furnished the Assembly Chamber. 

Which was read and ordered to be paid. 

On motion of Mr. Heydenfeldt, Mr. Redding of Yuba, and Mr. Estep, 
were added to the Committee on Corporations. 

Mr. Crenshaw, from the Committee on Claims, reported back Senate biU 
for An Act for the payment of certain persons therein named, for services 
rendered and materisds furnished ; with amendments, and recommended its 
passage. 

The amendments were adopted, and the House then went into committee 
of the whole, (Mr. Hoff in the chair,) on the consideration of the biU ; and 

Digitized by VjOOQIC 



March 28.] 



345 



having considered the same, rose, and reported it back, and asked to be dis- 
charged from farther consideration of the subject. 

Which was granted. 

The bill, as amended, was then read a third time and passed. 

Assembly bill for An Act to provide for enforcing the collection of taxes 
on consigned goods, was then taken from the table, an^ referred to the. Ju- 
diciary Committee, with instructions to report on Monday next. • 

On motion of Mr. McGarry, Assembly bill for An Act for the relief of 
James M. Cranston, was taken up. 

The House then went into committee of the whole, (Mr. Redding m the 
chair,) on the consideration of the bill, and having considered the same, 
rose, reported it back, recommended its passage, and asked to be discharged 
from further consideration of the subject* 

Which was granted. 

The bill was then read a third time, and passed. ' 

Mr. Letcher, on leave, introduced a bill for An Act to amend the thirtieth 
section of an Act entitled an Act to provide for the incorporation of Railroad 
Companies, approved April 28, 1851. 

Which was read a first and second time, and referred to the Committee 
on Corporations. 

Assembly bill for An Act to amend an Act entitled an Act to provide for 
the levying, assessing and collecting Public Revenue, approved Apnl 28, 
1852, made the special order for to-day, at 12 o'clock, M.,was ttien taken up. 

Mr. Hoff moved that the bill be made the special order for Wednesday 
next, at 12 o'clock, M. 

On which the ayes and nays were demanded, and it was decided in the 
negative by the following vote. 

AYBS. 



Messrs, Brush, 


Messrs. McGarry, 


Conness, 


McMahon, 


Covarrubias, 


Moore, 


Flower, 


Myreff, 


Hally, 


Rogers, 


Hoff, 


Thomas, 


Letcher, 


Tilghman, 


McFarland, 


Yeiseiv-ie. 




KAYB. 


Messrs. Bell, 


Messrs. Mereditii, 


Bostwick, 


McKamy, 


CabamsB, 


McMeans, 


Cardosso, 


OKver, 


Ewing, 


Owen, 


Herbert, 


Proctor, 


Heydenfeldt, 


Redding, 


Hunt, 


Snyder, 


Eittredge, 


Wells— 1«. 


Knight, 


•44 



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346 



[MOKDAT, 



Mr. McCaxidless, at 2 o'clock, P. M., moved to adjonm. 
On which the ajes and naya were demanded, and the Hoxtte adjonmed 
by the following vote : 



ATSS. 



Messrs. Brush, 


Messrs. McCandless* 


Conness, 




McFarland, 


Goyarrubias, 




McGarry, 


Flower, 




McEamy, 


HaUy, 




McMahon^ 


Harrison, 




Moore, 


Herbert, 


• 


Oliver, 


Hoff, 




Taylor, 


Hunt, 




Thomas, 


Eittredge, 




Tilghman, 


Letcher, 




Yeisei^23. 


Meredith, 


\ 

NATS. 




Meosrs. Bell, 


Messrs 


. McMeans, 


Bostwicb 




Myres, 


Oabaniss, 




Owen, 


Cardozo, 




Proctor, 


Ewmg, 




Bedding, 


Heydenfeldt, 




Rogers, 


a,"- 




Snyder, 




WeUs— 16. 



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Itacm 28.] 347 



HOUSE OF ASSEMBLY. 

Tuesday, March 29, 1863. 

The House met pursuant to adjournment. 

The Speaker in the chair. 

The roll was called by the Clerk, and the following members were absent: 
Messrs. Conness, Estep, Knight, Martin, Walker and Yeiser. 

The Journal of Saturday and Monday last were read iand approved. 

Assembly bill for An Act to amend an Act entitled an Act to provide 
for the levying, assessing and collecting PQl)lic Revenue, approved April 
23, 1852, pending at the time of adjournment on yesterday, was then 
taken up and laid on the table. 

The following message was received from the Governor, read, and with 
the accompanying documents, laid on the table : (Information in regard 
to water lots of San Francisco, see Appendix, No. 44 ) 

Assembly bill for An Act to dispose of the interest of the State of Cali- 
fornia in certain property, and quiet the title thereto, was then taken up. 

On motion of McMeans, the House then went into committee of the 
whole, Mr. Redding, of Yuba, in the chair, on the consideration of the 
bill, and having made some progress thereon, rose and reported the sam6 
to the House, and asked leave to sit again. 

Which was granted. 

Pending the consideration of the bill, a message was received from tiie 
Senate and laid on the table. 

On motion, at 4 o'clock P. M., the House adjourned. 



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348 [Wbdnesoat^ 

HOUSE OF ASSEMBLY. 

Wbdnesdat, March 30, 1853. 

House met pursuant to adjournment. 

The Speaker in the chair. 

The roll was called by the Clerk, and the following nwrnbers Vere ttb- 
^ent: 

Messrs. Blake, Heydenfeldt^ McCandles, Moore^ Tilghman and Teiser. 

The Journal of Tuesday last was read and approved. 

The following message, received from the Senate on yesterday, and 
laid on the table, was taken up. 

Mr. Speaker: 

The Governor approved, on the 26th inst., An Act for the relief of J. D. 
Monnett, M. D., for services rendered sick Emigrants ; 

And An Act to provide for the publication and distribution of the Map 
of the State, as compiled by the Surveyor-General. 
, The Senile passed on the 26th inst, with amendments, Assembly bill 
for An Act to provide for the redemption of Comptroller's Warrants drawn 
payable out«of the General Fund ; 

And with amendments, Assembly bills for An Act to enforce the pay- 
ments of Licences in this State ; 

And for An Act amendatory of smd supplementary to sections four and 
eight of An Act concerning Divorces, passed March 25, 1851 ; 

And passed without amendment Assembly bills for An Act to submit 
to the legal and qualified voters of Tulare county, at the next general 
election, the permanent location of the Seat of Justice of said county ; 

And for An Act to legaUze certain official acts of William J. Lewis, 
County Surveyor of the county of Santa Clara ; 

And passed on the 25th inst, Senate bills for An Act to provide a Library 
for the Supreme Court ; 

And An Act prescribing the time of holding the District Court in the 
5th Judicial District. 

And passed this day. Senate bills for An Act to authorize poor persons, 
in certain cases, to prosecute suits without the payment of costs ; 

An Act concerning Sureties on Official Bonds ; 

An Aet to amend an Act defining the right of Husband and Wife, 
passed on April 17, 1850 ; 

And An Act in relation to Personal Mortgages in certain cases ; 

And refused to concur in Assembly amendments to Senate bill for the 
payment of certain persons therein named, for services rendered and ma- 
terials furnished ; and have apjiointed as a committee of conference on 
the part of the Senate, upon the disagreeing vote of the two Houses, 
Messrs. Coflfroth, Lyons and* Snyder ; 



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Mabgh 30.] . 349 : 

And passed also this day, An Act to authorize the Pacific Mail Steam- 
ship Company to hold, use and occupy certain lands in the city of Be- 
nicia. 

By order of the Senate. 

A. 0. BRADFORD, 

Secretary. 
March 29, 1863. 

Assembly bill as amended by the Senate, for An Act to provide for the 
redemption of Comptroller's Warrants, drawn payable ont of the General 
Fund, was then taken up, and the Senate amendments concurred in. 

Assembly bill, as amended by the Senate, for An Act to enforce the 
payment of Licenses in this State, was then taken up, and the Senate 
amjndments concurred in. 

Assembly bill, as amended by the Senate, for An Act amendatory of 
and supplementary to sections four and eight of An Act concerning Di- 
Torces, passed March 25, 1853, was then taken up, and the Senate amend- 
ments concurred in. 

Senate bill for An Act to provide a Library for the Supreme Court, 
was then taken up, read a first time, and laid over under the rules. 

Senate bill for An Act prescribing the time of holding the District 
Court in the Fifth Judicial District, was then read a first time and laid 
over, under the rules. 

Senate bill for An Act to authorize poor persons, in certain cases, to 
prosecute suits without the payment of costs, was then read ^ first time, 
and laid over under the rules. 

Senate bill for An Act concerning sureties on Official Bonds, was then 
read a first time and laid over under the rules. 

Senate bill for An Act to amend an Act defining the rights of husband 
and wife, pa&sed April 17, 1850, was then read a first and second time, 
and referred to the Judiciary Committee. 

Senate bill for An Act in relation to personal mortgages in certain ca- 
ses, was then read a first time, and laid over under the rules. 

Senate bill for An Act to authorize the Pacific Mail Steamship Compa- 
ny, to hold, use, and occupy certain lands in the city of Benicia, was 
then read a first and second time, and referred to the Judiciary Commit- 
tee. 

Mr. Sime moved that a committee of three be appointed on the part of 
the Assembly to confer with a similar committee on the part of the Sen- 
ate, on the disagreeing vote of the two Houses on Senate bill for An Act 
for the payment of certain persons therein named, for services rendered 
and materials furnished. 

Which was agreed to, and the chair appointed as such conunittee, 

Messrs. Sime, Crenshaw, and Leake. 

Mr. Thomas, from the Committee on Engrossed Bills, reported as cor- 
rectly engrossed. 

An Act to authorize the Comptroller to audit the accounts of the Presi- 
dent of the Board of Tnistees of the Stockton State Hospital. 

Also, An Act for the relief of James M. Cranston. 

Also, An Act for the relief Thomas A. Hilton, M. D. 

And the report was adopted. 



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'360 [Wednesday, 

Mr. Johnson presented the petition df six hundred citizens of Sacra- 
mento, praying for the passage of a law for the better observance of the 
Sabbath. 

Which was read and laid on the table. 

Mr. Sime, on leave, introduced a bill for An Act securing to mechan- 
ics and others, a lien for work done, and materials furnished. 

Which was read a first and second time, and referred to the Judiciary 
Committee. 

Assembly bill for An Act to prevent persons from obstructing the chan- 
nels of Humboldt Bay and Harbor, was then taken up, read a third time, 
and passed. 

Assembly bill for An Act to amend an Act entitled an Act to provide 
for the disposal of the five hundred thousand acres of land granted this 
State by Act of Congress, was then taken up, read a third time and 
passed. 

Assembly bill for An Act respecting the first day of the week common- 
ly called Sunday, was then taken up. 

On motion uf Mr. Heydenfeldt, the House then went into committee of 
the whole, (Mr. Heydenfeldt in the chair,) on the consideration of the 
bill, and having made some progress thereon, rose, and refported it back, 
and asked leave to sit again. 

Which was granted, and the bill was laid on the table. 

Assembly bill for An Act to dispose of the interest of the State of Cali- 
fornia in certain property and quiet the title thereto, was then taken up. 

On motion of Mr. McMeans, the House then went into committee of 
the whole, (Mr. Redding of Yuba, in the chair,) on the consideration rf 
the bill, and having considered the same, rose and reported it back with 
amendments recommending their adoption and the passage of the bill, and 
asked to be discharged from furthtr consideration of the subject. 

Whicn was granted. 

On motion, at 6 o'clock, P. M., the House adjourned. 



HOUSE OF ASSEMBLY. 

Thursday, March 31, 1868. 

Ilouse met pursuant to adjournment. 

The Speaker in the chair. 

The roll was called by the Clerk, and the following members were ab- 
sent : — 

Messrs." Carhart, Heydenfeldt, Leake, Mandeville, Martin, McCaiidtess, 
Reading of Trinity, Wells and Yeiser. 



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Masqh 30.] 361 

On motion, leave of absence was granted for one day each to Messrs. 
Garfield, Canney, Knight, and Wells. 

The Journal of Wednesday last was read and approved. 

Mr. Wilson, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled, An Act for the relief of Capt. Joseph Walker; 

An Act to amend an act entitled an Act concerning Passengers arriving 
in the Ports of the State of California ; 

An Act for the submission to the people of the location of the permanent 
Seat of Justice of Tulare County ; 

And also, An Act to legalize certain official acts of Wm. J. Lewis, 
County Surveyor of Santa Ckra County. 

And the report was adopted. 

Mr. Bostwick, from the same committee, reported as correctly enrolled, 
An Act to provide for the redemption of Comptroller's Warrants drawn 
payable out of the General Fund. 

And the report was adopted. 

Mr. Redding of Yuba, from the select committee, reported back Assem- 
bly bill for An Act to ascertain and provide for the payment of the Debt 
doe from Sierra County to Yuba County, without amendment, and re- 
commended its passage. 

The report was adopted, and the bill considered engrossed, read a third 
time, and passed. 

Mr. Rogers, from the select committee to whom was referred the peti- 
tions of citizens of Calaveras and El Dorado Counties, praying for the 
creation of a new county, reported Assembly bill for An Act to create the 
County of Mokelumne, and provide for the organization of the same. 

Which was read a first and second time, and referred to the Committee 
on Counties and County Boundaries. * 

Mr. Blake introduced a resolulion tendering the use of this room to 
Miss Catherine Hayes, on Friday evening next, for a musical entertain- 
ment. 

Which was adopted. 

Mr. Covarrubias, from the Committee on Military Affairs, reported back 
Assembly Joint Resolution requirjing the Comptroller to draw his Warrant 
for five thousand dollars, in favor of any person or persons arresting or 
capturing the robber Joaquin, with ameudmc^nts, and recommended its 



The amendments were then adopted. 

And tlie House went into committee of the whole, (Mr. Redding, of 
Yuba, in the chair,) on the consideration ot the resolution, and having 
considered the same, rose and reported it back, and r^xommeuded that it 
be recommitted to the Committee on Military • Affairs with instructions to 
bring in a bill, and asked to be discharged from the further consideration 
of the subject. 

Which was granted. 

The resolution was then recommitted to the Committee on Military 
Affairs, with instructions to bring in a bill embodying the subject of the 
resoliftion. 

A message was received from the Senate, informing the Assembly that 
they did, on the 30th inst., pass Senate bill for An Act to amend an act 
entitled an Act to provide for levying, assessing and collecting the Public 
Revenue, approved April 23d, 1862. 



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352 [Thdbsday, 

The bill accompanying the message was then read a first and second 
time, and referred to the Committee on Ways and Means. 

Senate bill for An Act prescribing the time of holding the District 
Court in the fifth judicial district, was then read a second time, and re- 
ferred to the Judiciary Committee. 

Mr. McFarland, on leave, introduced a bill for An Act for the relief of 
Manuel Garfus. 

Which was read a first and second time, and referred to the Committee 
on Claims, and ordered not to be printed. 

Mr. Smith, on leave, introduced a bill for An Act amendatory of an Act 
entitled an Act to create the County of Alameda and establish the Seat 
of Justice therein, to define its boundaries and to provide for its organiza- 
tion, passed March 25, 1853. 

Which was read a first and second time, the rules being suspended ; it 
was then read a third time and passed. 

On motion of Mr. Brush, Assembly bill for An Act to dispose of the 
interest of the State of California in certain Property, and quiet the Title 
thereto, with the amendments reported by the committee of the whole, 
was then taken up. 

Mr. Robinson moved a call of the House. 

Which was sustained, and on the roll being called, the following mem- 
bers were found absent : 

Messrs. Carhart, Fairfax, Martin, Oliver and Yeiser. 

On motion, the Sergeaut-at-Arms was dispatched to bring in the ab- 
sentees. 

Messrs. Fairfax, Oliver, McCandless, Yeiser and Carhart appeared at 
the bar of the House, were admitted, excused, and took their seats. 

On motion of Mr. Rogers, further proceedings under the call were dis- 
pensed with. 

Mr. Johnson submitted. the following resolution : 

Resolved, That the bill entitled An Act to dispose of the Interest of 
of the State of California in certain property and quiet the title thereto, 
be recommitted to the Committee on Ways and Means, with instructions 
to report a bill providing for the adjudication of conflicting claims to such 
property, between the State and parties claiming adversely thereto ; such 
adjudication to be conducted before the District and Superior Courts of 
the County and City of San Francisco, with the right of appeal therefrom 
to the Supreme Court of the State, by any party interested. 

On tl]o question, of the adoption of the resolution, the ayes and nays 
were demanded. 

And the House refused to adopt by the following vote : 





ATES. 


. Bostwick, 


Messrs. McGarry, 


Cabaniss, 


Moore, 


Caldwell, 


Pacheco, 


Conness, 


Proctor, 


Crenshaw, 


Reading, 


Flower, 


Robinson, 



Digitized by VjOOQIC 



March 31.] 



353 



Messrs. Gardner, 


Messrs. Sime, 


HaUy, 


Snyder, 


Heydenfeldt, 


Taylor, 


. Johnson, 


Thomas, 


Iietcher, 


Teiser, 


MoFarland, 


Speaker— 24- 




NATS. 


Messrs. Bell, 


Messrs. Leake, 


Blake, 


' Mandeville, 


Brush, 


Meredith, 


Cardozo, 


McKamy, 


Covamibiaa, 


McMahon, 


Estep, . 


McMeans, 


Ewmg, 


Myres, 
Oliver, 


Fairfax, 


Harrison, 


Owen, 


Herbert, 


Redding, 


HoflF, 


Rogers, . 


Hunt, 


Tilghman, 


Hase, » 


Walker, 


Irwin, 


Wilson, 


Kittredge, 


Wing— 30'. 



Vhe question then being on the adoption of the amendments reported 
by the committee of the whole, 

Mr. Brush moved that the amendments be considered separately. 

Which was agreed to. 

The following amendment, as a substitute for the first section, was 
then taken up and read : 

Section I. All the right, title, and interest of the State of California, 
in and to the following tract, or parcel of land, covered with water, ly- 
ing and being in the city and county of San Francisco, and bounded as 
follows: 

Commencing at a point where Larkin street intersects Jefferson street, 
as designated on the official map of the city of San Francisco of January 
15th, 1851, by Wm. M. Eddy; thence on a line parallel with Larkin 
street, six hundred feet northerly ; thence easterly, southerly, south, and 
south-westerly, by a continuous line parallel with the water front of said 
city, as defined in the first section of An Act of the Legislature of the 
State of California, entitled An Act to di6f»ose of certain property of the 
State of California, passed March 26th. 1851, at a distance of six hun- 
dred feet at all points from said line as established by said Act, to a point 
i^poaite the 8outh>western tertninus of Shnmons street, six hundred feet 
in a direct line with said 8treet,from the tetmhitis thereof, when extended six 
hundred feet ; thence, northerly,' to a {xDint Wh^re Simmons streiBt inter- 
sects South street ; thence^ by n, contjnuous lihe Mohg the #ater fi^ht df 
said City as designated by said Act, back to the place of beg^nnitig ; and 
also^ all the right, title, and interest of the State of CaUfomia in and to 

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BH [XHUB3DA:r, 

any and all property within the limits of said city of San Francisco, is 
hereby confided td the charge of a Board of five Commissioners with 
power to dispose of the same on behalf of the State ; which Board of 
Commissioners shall be appointed, empowered and directed, as described 
and specified in subsequent sections of this Act. 

The question then being on the adoption of the amendment. 
Oq. which, the ayes and nays were demanded, it was adopted by the 
followmg vote : 

ATEB. 



Messrs. Bdll, 


Messrs. Eittred^e, 


Bm'sh, 


Mancjeville, 


Caldwell, 


Meredith, 


Cardozo, 


McCandless, 


Covarrubias, 


McKamy, 


Estep, 


McMahon, 


Ewing, 


Mc Means, 


Fairfax, 


Myres, 


Harrison, 


Owen,^;"J| 


HerbeVt, 


Redding, 


Hoff, 


• Rogers, 


Hunt, 


Walker, 


Huse, 


Wilson, 


Irwm^ 


Wing— 28. 




NAYS. 


Messrs. Bostwick, 


Messrs. Moore, 


Cabaniss, 


Pacheco; 


Conness, 


Proctor, 


Crenshaw, 


Reading, 


Flower, 


Robinson, 


Gardner, 


Sime, 


Hally, 


Spyder, 


Heydenfeldt^ 


Taylor, 


Johnson, 


Thomas, 


Letcher, 


Yeiser, 


McFarlandy 


Speaker— 2i 


McGarry, 


r ^' 



The first amendment to section second, to strike out the words '< tract 
or parcel," and insert " tracts and parcels," was then taken up and adopt- 
ed. 

The second amendment to section second to strike out the wonls ^ as 
near in conformity to the present plan of the survey of beach and water 
lots in said city," was then taken up, and on the question of its adoption 
the ayes and nays were demanded by Messn. Bobioson, Hally, and 
Johnson. 

Digitized by VjOOQIC 



The amendmenf 'veni 



Messrs. Bell, 
Slake, 
Brash, 
Cardozo, 
CovarruMas, 
Estep, 
EwiDg, 
Fairfax, 
Harrison, . 
Herbert, 
Hoff, 
Hant, 
Hose, 
Irwin, 
Eittredge, 



Mossrs. 



Bostwick, 

Gabaniss, 

Caldwell, 

Conness, 

Crenshaw, 

Plower, 

Gardner, 

HaUy, 

Hejdenfeldt, 

Johnson, 

Letcher, 

McFarland, 

McGarry, 



35B 

by the following tote': 



▲TES. 



'Hessrs. Mandeville, 
Meredith. 
McGandlesSi 
McKamy, ' 
McMahon^ 
McMeans, 
Myres, 
Owen, 
Bogers, 
Smith, 
Tilghman, 
Walker, 
W^Us, 
Wing— 29. 



STAYS. 



Messrs. 



Moore, 

Pacheco, 

Proctor, 

Reading, 

Reddp3§, 

'Bobjinsoni 

Sime, 

Snyder, 

Taylor, 

Thomas, 

Teiser, 

Speaker— ?6^ 



The third amendment to the second section, to insert after the word 
**Act " in the 8th line the following words "or any or all l^nds belong- 
ing to the State 4n said city of San Francisco," was then taken up and on 
the question of its adoption, the ayes and nays were demanded and the 
House refused to adopt by the following vote: ^ 



ATES. 



Messrs. Bell, 
Blake, 
Caldwell, 

Cardoso, 

/^-j — -^-4 — - % ^-^ — . I 
c<>v«ra0iiBS, 

Estsp, 



Messrs* Ewing, 
Hoff, 
Hunt, 
Irwin, 
Eittred] 



Meredik., 

Digitized by VjOOQ IC 





3#6 [3)^ijji^^, 


MMsn* McGudless, 


Tilghman, 


McKamy, 


Bedding, 


Wilson— 18. 




NATS. 


Henrs. Bostwicky 


Messrs. McMahon, 


Brushy 


McMeans, 


Cabanissy 


Moore, 


Coimess, 


, Myres, 


Crenshaw^ 


Owen, 


Fairfax, 


Pacheco, 


Flower, 


Proctor, 


Gardner,. 


B.obin8onp 


HaU^, 


Sime, 


Harrison, 


Snyder, 


Herbert, 


Smith, 


Heydenfeldt, 


Taylor, 


Huse, 


Thomas, 


Johnson, 


Walker, • 


Letoher, 


Wing, 


Mandeville, 


Yeiser, 


McFarlandy ; 


Speakej^-86, 


McGarrj,. 





Amendment to section three, to " strike out the whole of section three,** 
was then taken up, and, 

On the question of its adoption, the ayes and nays were demanded, 
and the House refused to strike out the section by the following vote : 



AYES. 



Messrs. Bostwick, 


Messrs. McOarry, 


Gabamss, 


Moore, 


CaldweU, 


Pacheco, 


Conness, 


Proctor, 


.Crenshaw, 


Reading, 


Flower, 


BoUnson, 


Qardner, 


Sime, 


. . . HaUy, 

Heydenfeldt, 


. . Bayder, 


Tbemas» 


Johnson, 


• Yeiser, 


Letcher, 


Speaker— 28 


McFarland^ 






HATS. 


Messrs. BeD, 


Messrs. Gardoioy 


Blake, 


CpTanrabias^ 


Brushy 


Crenshaw^ 



Digitized by VjOOQIC 



H^BCB&ljl]' 



Menn. 



m 



Bwing» 
Fairfax, 


. Mew9. MeMalu)fi, 
MoMeaBB, 


Harrison, 
Herbert, 


Myrea, 
Oliver, 


Hoff, 


Owen, 


Hunt, 
Huse, 
Irwin, 


Bedding, 
Rogers, 
Smith, • 


Kitti^edge, 
Leake, 


Taylor, 

Tilghma&f 

Walker, 


Meredith, 


Wilson, 


McCandleaSy 
McKamy, 


Wing— 88. 



Amendment to section three to insert after the words " that the," the 
word " water," Vas then taken up, and adopted by the following vote : 



AYES. 



Ifessrs. Bell, 


Messrs. Mandeville, 


Blake, 


Meredith, 


Bostwick, 


McGandless, 


Brash, 


. McEamy, 


Gardozo, 


McMahon, 


Govarrabias, 


McMeans, 


Estep, 


Owen, 


Ewing, 


Bedding, 


Fairfax, 


Rogers, 




Smith, 


Hoff, 


Taylor, 


Hunt, 


Tilghman, 


. Irwin, 


WUson, 


Eittredge, 


Wing-29. 


Leake, 






HATB, 


Mesnrs. Gabaniss, 


Messrs. ^oore, 
Myres, 


Oaldwell, 


Conness, 


OUver,- 


Grenshaw, 


Pacheco, 


Flower, 


Proctor," 


HaDy, 


Beading, 


Herbert, , 


Bobinson, 


Heydenfeldt, 


Snyder, 


Huse, 


Thomas, 


Johnson, 


Walker, 


Letcher, 


Teiser, 


McFarland, 


Speakei^SS. 


McOarry, 


Digitized by v. 



Google 



S68 



[Tfau^iinir, 



Amendment to «eetwn km^id strike oat the words ^'ttiact of paipcel," 
and insert the words '** tracts or parcels," was then taken up, and on the 
question of its adoption, the ayes and nays were d6md,tided, and the 
amendment was adopted by the following vote : 



ATES. 



Messrs. Bell, 


Messrs. Leake, 


Blake, 


Maaddville, 


Boafcwkk, 


MerediA, 


Brush, 


McsOaiodlMs, 


Gardoao, 


McKatny^ 


Govanrttbiasy 


MoMahon, 


Estep, 


McMeana^ 


Ewing, 


Myres, 


Fairfax, 


• 1 Ofiver^ 


OSajrrison,* 


. ;Owen, • 


V Herbert, 


Redding, 


HoflF, 


Rogers, 


Hunt, 


Smith, 


Bm, 


Tilghman, 


Kittradge, 


Wing-rSO- 


^ 


NAYS. 


Messrs. Caba^sa, 


MessfB. MeGiMrrjt 


Caldwell, 


Moore, 


Gonness, 


Robinson, 


Grenshaw, 


Sime,. 


Gardner, 


Snyder, 


Hallj, 


. Taylor,, 


JohneoD, 


Thomas, 


Letcher, 


Speakeiw.J7. 


MdEVlaiM^, 





#^ 



Amendment to fourth section, to insert after the word settle, the word 
«< with," and to strike out the wordls .^'jit once," was then taken up, and 
adopted by the following vote : 

ATBB. . 



1. Bell, 


Messrs. MandCeville, . 


Blake, 


Meredith, 


Brush, 


McGandle^Sy 


Gardozo, 


McKamy, 


Goyarrubi«f^, 


MoMUl^yi^ 


Esiep, 


McMeana> 


Ewing, 


Myres, 


Harrisop, . 


Owen. 


Heib0]^ . , 


^muh 



Digitized by VjOOQIC 



Mabch 31.] 



369 



Messrs. Hoff, 


Messrs. Rogers, 
Smith, 


Hunt, 


Huse, 
Irwin,. 


Tilgtiman, 
water, 


Kittredge, 


Wing— 29. 


Leake, 






NAYS. 


Messrs. Gabaniss, 


Messrs. McGarrj, 


CaldwelH 


Moore, - 


Conness, 


Reading, 


Hally, 


Robinson, 


Heydenfeldt, 


Snyder, 


Johnson, 


Taylor, 


Letcher, 


Thomas— 16. 


McFarland, 


' 



Amendment to section seven, to fill first blanks with the word "sixty,'^ 
was then taken up and adopted. 

The following as an amtmdment to section seven, strike out the words 

**at least of the daily newspapers printed in the said city and the 

city ot Sacramento," and insert the following, " the daily papers of San 
Francisco and Sacramento, and the papers of Stockton, Marysville, and 
Nevada, and the paper published in San Diego, and. by printed handbills 
in the principal cities and towns in the State," was then taken np, and, 

On the question of its adoption, the ayes and nays were demanded, 
and the House reftised to adopt the amendment by the following vote : 

AYES. . . 



Messrs. Bostwick, 


Messrs. 


Proctor, 


Crenshaw, 




Reading, 


Flower, 




Redding, 


Gardner, 




Robinson, 


Hally, 




Sime, 


Heydenfeldt, 




Snyder, 


McJFarland, 




Taylor, 


McGarry, 




Thomas, 


Moore, 


• 


Yeiser, 


Pacheco, 


NAYS. 


Speaker— 20. 


Messrs. Bell, 


Messrs. 


Kittredge, 


Brush; 




Leake, 


Cabatiiss, 




Letcher, 


Caldwell, 




Mandeville, . 


Cardozo, 




Meredith, 


Covarrubias, 




McKamy, 

Digitized by VjO 



360 



[Thubsday, 



Messrs. Estep, 
Ewing, 
Harrison, 
Herbert, 
Hoff, 
Hunt, 
Huse, 
Irwin, 
Johnson, 



Messrs. McMahon, 
McMeans, 
Myres, 
Oliver, 
Owen, 
Rogers, 
Tilghman, 
Wilson, 
Wing -30. 



Aoiendment to the tenth section was then taken np and adopted. 

Amendment to strike out the whole of the fourteenth section was theD 
taken up and adopted. 

Amendment to make section fifteen section fourteen of the bill, was 
then adopted. 

Amendment to make section sixteen section fifteen was also adopted. 

First amendment to section fifteen to strike out the word "ten," and 
insert the word " fifteen," was then taken up and adopted. 

Amendment to add to section fifteen the following words, "Provided 
such amount shall include in full the compensation of such Commis* 
sioners ," was then taken up. 

And on the question of its adoption, the ayes and nays were demanded. 

And the amendment was adopted by the following vote : 

AYES. 



I. Blake, 


Messrs. McMeans, 


Caldwell, 


Mooro, 


Cardozo, 
Covarrubias,* 


Myres, 
Oliver, 


Estep, 
Ewing, 


Owen, 
Pacheco, 


Fairfax, 


Proctor, ^ 
Beading, ' 
Redding, 
Robinson, 


Gardner, 

Hally, 

Harrison, 


Herbert, 

Heydenfeldt, 

Hoff, 


Rogers, 

Sime, 

Smith, 


Hunt, 
Hase, 


Taylor, 
Thomas, 


Irwin, 
Johnson, 


Tilghman, 
Walker, 


Leake, 


Wilson, 


Letcher, 
Meredith, 


Wing, 
Teiser, 


McGarrj, 


Speaker— 42. 



Digitized by VjOOQIC 



K4A0i|(Si| 



m 



NATS. 



Messrs. BeQ, 

Bostwioki 

Flower, 
EittredgOy 



Messrs. Mandevilla 

McKamjr^ 
McMahoD, 
Snyder — 10. 



Mr. Heydenfeldt moved a, caU of the House. 

Which was sustained, and on the roll being called, the following mem- 
bers were found absent : 

Me^rs. Bosiwick, Carliart and McMahon. 

Messrs. Bostwick, Carhart and McMahon, appeared at the bar of the 
House, were admitted, excused, and took their seats. 

On motion of Mr. Conness, further proceedings under the call were dis- 
pensed with. 

On motion, at two o'clock, P. M. the House took a recess until 4 o'clock. 



4 o'clock, p. M. 

The House re-assembled, and resumed the consideration of the amende 
ments to the bill. 

Mr. Myres moved a call of the^House. 

Which was sustained, and <m the roll being called, the following mem- 
bers were found absent: 

Messrs. Bosiwick, Gardner and Proctor. 

Messrs* Bostwick, Gardner and Proctor appeared at. the bar of the 
House, were admitted, took their scats, and were excused. 

^Amendment to snction fifteen, to add to section as amended byv the 
following : ** And further provided, That said Commissioners shall each 
receive the sum of two thousand dollars per annum, in full for their ser- 
vices," was then taken up. 

And on the question of its adoption, the ayes and nays wore demanded. 

And it was adopted Uy the following vote : 

ATJBS. 



Messrs. Bosiwick, 


Messrs. Moore, 


Cabaniss, 


Oliver, 


Caldwell, 


•Owen, 


Conness, 


Pacheco, 


Crenshaw, ' 


Proctor, 


Fairfax, 


Beading, 


Flower, • 


Robinson, 


Gardner, 


Sime, 


Rally, 


Snyder, 


Heydenfiddk, 


Smith, 


Heff, 


Taylor, 



46< 



Digitized by VjOOQ IC 



962 



(tBDBBM.r, 



Heasn. Hose, 


MesBn. Thomas, 


Johnson, 


Tilghman, 


Letcher, 


Walker, 


McFarland, 


Teiser, 


McGarry, 


^ Speakei^-82 




VAYB. 


Messra. Bell, 


Messrs* Kittredge, 


Blake, 


Leake, 


Brush, 


Mandeville, 


Carhart, 


Meredith, 


Cardozo, 


McCandless, 


Covarrubias, 


McKamy, 


Estep, 


McMahon, 


Ewing, 


McMeans, 


Harrison, 


Myres, 


Herbert, 


Rogers, 


Hunt, 


Wilson, 


Irwin, 


Wing— 24. 



Amendment as a new section, to be section sixteen of the bill, was then 
taken up and adopted. 

Mr. Johnson moved to amend section four, by striking out the word 
^one" and inseiting the word '4wo," so as to read '' /tro-thirds." 

Qn which the ayes and nays were demanded. 

And the House refused to adopt the amendment by the following vole: 

ATES. . 



Messrs. Bostwiek, 


Messrs. Moore, 


Gabaniss, 


Oliver, 


Galdwdl, 


Pacheco, 


Gonness, 


Proctor, 


Grenshaw, 


Reading, 


Flower, 


Sobinson, 


Gardner, 


Sime, 


HaUy, 


Snvder, 


Hejdenfeldt, 


Smith, 


Johnson, 


Taylor, 


Letcher, 


Thomas, 


McFarland, 


• Teiser, 


McGawy^ 


Speakei"— 26. 




VAT8. 


Messrs. BeU, 


Mesors. Leake, ' 


Blake, 


Mandeville, 


Brash» 


Meredith, 


Carharfc^ 


MoGandleas^ 



Digitized by VjOOQIC 



ILiBOB 31.] 



363 



Meson. 



Cardoso, 


Meens. MoEamj, 


Estep, 


McMalion, 


Ewing, 


McMeans, 


Fairfax, 


Myres, 


Harrison, 


Owen, 


Herbert, 


Bedding, 


HoflF, 


Rogers, 


Hunt, 


Tilghman, 


Huse, 


Walker, 


Irwin, 


Wilson, 


Kittredge, 


Wing— 80. 



Mr. Johnsoa submitted die following as an amendment, to be added 
after the last word in section four : " And further provided^ That either 
the State or any party interested in such decision, and claiming adversely 
thereto, at any time within one y^ear from the date of such decision, shall 
have the right to appeal from any decision so made to the Supreme Court 
of this State ; such appeal to be, as nearly as practicable, governed by the 
same rules and laws regulating appeals to such court from the District 
Courts of the State." 

On the adoption of which, the ayes and nays were demanded. 

And the House refused to adopt by the following vote : 



A7BB. 



Messrs. Cabaniss, 
Caldwell, 
Conness, 
Crenshaw, 
Flower, 
Gardner, 
Hally, 

Heydenfeldt, 
Johnson, 
Letcher, 



Messrs. 



McGarry, 

Moore, 

Proctor, 

Beadmg, 

Robinson, 

Sime, 

Taylor, 

Thomas, 

Teiser, 

Speaks 



SAYB. 



Messrs. Bell, 
Blake, 
Brush, 
Garhart, 
Cardoao, 
Govarrubias, 
Estep, 
Ewing, 
Fairfax, 
Harrison, 
Herbert, 
HQff, 



Messrs. 



MandeviUe, 

Meredith, 

McCandless, 

McEamy, 

McMahon, 

McMeans, 

Myres, 

Owen, 

Redding, 



Smith, 
Tilghman, 



Digitized by VjOOQIC 



S04 [t^oimtMir, 



Messrs. Hunt, 


Messrs. Walker, 


Hnse, 


Wilson, 


Irwin, 


Wing— 81 


Kittredgo, 


' 



Mr. Wing moved to amend the seventh section, hy filling blanks with 
the word ''three," and after the word "and" insert the words "two in." 

Which was agreed to. 

Mr. Brush moved to amend 4th section, second line, by striking out the 
word '* has" and inserting the word " havie." 

Yf^hich was agreed to. 

Mr. Sime moved to amend the 4th section by striking out all after the 
word "them" in the sixth line, and inserting the following— -^' to accept 
a bid for all the right, title dnd interest of the State in the said tracts or 
parcels of land from any party or parties, and give a qnit claim deed for 
the same : Prtroided, the amount paid for all the right, title aud iatersiit 
of the State shall not be less than three million of dollars." 

On the adoption of which the ayes and nays were demanded, and the 
House refused to adopt by the following vote : 

ATBB. 



Messrs. Bostwick, 


Messrs. Moore, 


Cabaniss, 


Oliver, 


Conness, 


Pacheco, 


Crenshaw, 


Proctor, 


Flower, 


Beading, 


Gardner, 


Robinson, 


Hally, 


Sime, 


Heydenfeldt, 


Snyder, 


Letcher, 


Taylor, . 


McFarhhd, 


Yeiser, 


McQarry^ 


Speaker— 22. 




NATS. 


Messrs. Bell, 


Messrs. Leake, 


Blake, 


Mandeville, 


Brush, 


Meredith, 


Caldwell, 


McOandless, 


Oarhart, 


McKamy, 


Cardozo, 


McMahon, 


Govamibia8| 


McMeans, 


fiStep, 


Myres, 


Ewing, 


Owen, 


Fairfair, 


Redding, 


Harrison, 


Rogers, 


Herbert, 


Smith, 


Hoff, 


Thomas, 


Hant, 


TilghmaB, 



Digitized by VjOOQ IC 



MARen 81.] 



966 



Messrs. Huse, 
Irwin, 
Kittredge, 



Messrs. Walker, 
Wibon, 



Wing— 84. 



Mr. Taylor moved to amend by adding the following words to the first 
section : ** l^rovided, the water front of the said city shall not be extend* 
ed beyond any point where there is a depth of water of more than forty 
feet." 

On the adoption of which the ayes and nays were demanded, and the 
House refused to adopt by the following vote : 



Messrs. 



Messrs. 



▲TES. 



Bostwiok, 


Messrs. Moore, 


Cabantss, 


Pacheco, 


Conness, 


Proctor, 


Crenshaw, 


Beading, 


Flower, 


Bobioaon, 


Gardner, 


Sime, 


Hally, 


Snyder, 


Hejdenfeldt, 


TaylcMT, 


Letcher, 


Thomas, 


McFarland, 


Yeiser, 


McGarry, 


Speaker— 22. 




NAYS. 


Bell, 


Messrs. Leake, 


Blate, 


Mandeville, 


Brash, 


Meredith, 


Carhart, 


McCandless, 


Cardozo, 


McKamy, 


Covarrabias, 


McMahon, 


Estep, 


McMeans, 


Ewing, 


Myres, 


Fairfax, 


Oliver, 


Harrison, 


Owen, 


Herbert, 


Redding, 


Hoff, 


Rogers, 


Hunt, 


Tilghman, 


Huse, 


Walker, 


Irwin, 


Wilson, 


Kittredge, 


Wmg— 32. 



Mr. Flower moved to amend by striking out section four and inserting 
the iollowing words : 

^ After said tract or parcel of land has been mapped or plotted, and the 
same filed in the proper ofSce, it shall be the duty of the commissioners 
appointed under thb provisions of this Act to proceed and sell, or cause to 
be sold, at public auction, to the highest bidder, for cash in hasid or Gomp- 



Digitized by VjOOQIC 



866 



[THUBSDir, 



trailer's Warrants at par, issued on account of the civil indebtedness of 
the State, all of the aforesaid property, and to pay the proceeds thereof 
into the State Treasury, in the manner provided for by this Act." 

The question then being on the adoption of the amendment, the ayes 
and nays were demanded, and the House refused to adopt by the follow- 
ing vote : 



ATBS. 



Messrs. 



Bostwick, 
Gabaniss, 


Messrs. McGarry, 
Moore, 


Caldwell, 


Pacheco, 


Conness, 


Proctor, 


Crenshaw, 
Flower, 


Beading, 
Robinson, 


Gardner, 


Sime, 


Hally, 

Heydenfeldt, 

Johnson, 


Snyder, 
Taylor, 
• Thomas, 


Letcher, 


Yeiser, 


McFarland, 


Speaker^24 




NAYS. 


Bell, 


Messrs. Leake, 


Blake, 


Mandeville, 


Brush, 


Meredith, 


Carhart, 


McCandless, 


Cardozo, 
CovarrubiaB, 


McKamy, 
McMahon, 


Estep, 

Ewing, 

Fairfax, 


McMeans, 

Myres, 

Owen, 


Harrison, 

Herbert, 

Hoff, 

Hunt, 

Huse, 


Bedding, 

Rogers, 

Snuth, 

Tilghman, 

Walker, 


Irwin, 


Wilson, 


Kittredge, 


' Wmg— 32. 



Mr. Irwin then moved that the bill be ordered engrossed for a third 
reading. 

On which the ayes and nays were demanded, and the bill was ordered 
to be engrossed by the following vote : 



AYB8. 



Messrs. Bell, 
Blake, 



Messrs. Letcher, 

Mandeville, 



Digitized by VjOOQ iC 



MiBOH 31.] 



367 



1168818. Brush, 


Messrs. Meredith, 


Cabaniss, 


McCandless, 


Carhart, 
Gardozo, 


McKamy, 
McMahon, 


Coyarrabias, 


McMeans, 


Crenshaw, 


Moore, 


Estep, 

Ewing, 

Fairfax, 


Myres, 
Owen, 
Proctor, 


Harrison, 
Herbert, 


Redding, 
Robinson, 


Hoff, 

Hunt, 

Huse, 


Rogers, 
Snyder, 
Smith, 


Irwin, ' 
Johnson, 


Tilghman, 
Walker, 


Kittrodge, 
Leake, 


Wilson, 
Wing— 40. 




NATS. 


Messrs. Bostwick, 


Messrs. Pacheco, 


Gonness, 
Flower, 


Reading, 
Sime, 


Gardner, 
Hally, 

Heydenfeldt, 
McFarland, 


Taylor, 

Thomas, 

Yeiser, 


Speaker — 16 


McGarry, 





Mr. Thomas, from the Committee on Engrossed Bills, reported as cor* 
rectly engrossed An Act amendatory of an Act to create the county of 
AUmeda, and establish the Seat of Justice therein, to define its bounda- 
ries and to provide for its organization, passed March 25, 1853. 

And the report was adopted. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled An Act to enforce the payment of Licenses in this State ; 

An Act amendatory of section four of an Act concerning Divorces, 
passed March 26, 1851 ; 

And the report was adopted. 

A message was received from the Governor informing the Assembly 
that he had, on this day, approved an Act to submit to tbe legal and 
qualified voters of Tulare county, at the next general election, the perma* 
nent location of the Seat of Justice of said county. 

Also, An Act to legalize certain official acts of William J. Lewis, County 
Surveyor of Santa Clara. 

On motion, at 8 o'clock P. M., the House adjourned. 



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988 iC^iwwar, 

HOUSE OF ASSEMBLY. 

Friday, April 1, 1858. 

The House met parsoant to adjoarnment. 

The Speijcer in the chair. 

The roll was called by the Cl^rk, and the following members were absent : 

Messrs. > Carhart, Oovarrubias, Crenshaw, Fairfax, Garfield, Knight, 
Leake, McGandless, Moore, Mjres, Smith and Wells. 

On motion, leave of absence for one day each was granted to Messrs. 
Garfield, Wells and Knight. 

The Journal of Thursday last was read and approved. ^ 

Mr. Thomas, from the Committee on Engrossed Bills, reported as cor^ 
rectly engrossed. An Act to dispose'of the intevest of the State of Califor- 
nia in certidn property and quiet the title thereto ; also, 

An Act to ascertain and provide for the payment of the debt due from 
Sierra county to Yuba county. 

And the report was adopted. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
eorrectly enrolled, An Act to amend an Act entitled an Act concerning 
passengers arriving in the ports of the State of California ; and 

An Act to amend an Act to re-incorporate the city of Stockton, approved 
April 2l8t, 1852. 

And the report was adopted. 

Mr. HoflF, from the joint select committee, to whom was referred a resolu- 
tion directing an investigation into the passage, througji the last Legislature, 
of An Act for the erection of a State Prison ; and a contract between F. 
Yassault and the State of California, based upon sud law, submitted H^ 
following report. (See Senate Appendix, Nd. 52.) 

Which was read, and three thousand copies, together with the testimony 
taken before the comnuttee, ordered to be printed. 

On motion, the Clerk was directed to withhold the oopy of the foregoing 
report from the Printer for a few days. 

A message was received from the Governor, informing the Assembly tiiat 
he did, on the 80th March last, approve An Act to provide for the protec- 
tion of Foreigners and to define their liabilities and privileges. 

Assembly bill for An Act to repeal an Act entitled an Act for the relief 
of the Indigent Sick, approved April 16th, 1852, was taken up, and again 
laid on the table. 

On motion of Mr. Conness, Senate bill for An Aot to provide fbr the 
payment of the claim of the " Pioneer Upholstery," was taken fix)m the 
table, read a third time ; and on ike question, ^^ Shall the bill mow be 
passed ?" it was lost. 

Mr. FaiAkx, on leave, introduced a bill for An Act to separate the office 
of County Recorder from the office of County Clerk in the county of Yuba. 

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April L] 369 

Which was read a first and second time, and referred to the members 
from Yuba county. 

Mr. Yeiser, from the Judiciary Committee, submitted the following re- 
port: 

Mr, Speaker: 

The Judiciary Committee, to whom was referred Senate biil entitled An 
Act prescribing the time of holding the District Court in the Fifth Judicial 
District, beg leave to report the same back with the following amendment : 

Strike out all after the enacting clause, and insert the accompanying ; 
9Dd recommend the passage of the bill as amended. 

FRED. TEISER, Chairman. 

Senate bill for An Act prescribing the time of holding the District Court 
in the Fifth Judicial District, was l£en taken up, amended, read a third 
time, and passed. % 

Mr. Johnson, on leave, introduced a bill for An Act amendatory of an 
Act entitled an Act to incorporate the city of Sacramento, passed 1851. 

Which was read a first and second time, and referred to the Delegation 
from Sacramento county. 

Senate bill for An Act to enforce the collection of Taxes in certain cases, 
was Uien taken up, read a second time, and referred to the Committee on 
Ways and Means. 

Senate bill for An Act to define the jurisdiction of counties separated by 
rivers and water courses, was then taken up, read a second time, and refer- 
red to the Committee en Judiciary. 

Senate bill for An Act to provide a Sinking Fund for the county of Mon- 
terey, was then taken up, read a second time, and referred to the member 
from Monterey county. 

Senate bill for An Act supplementary to an Act creating and regulating 
Public Ferries, passed March 18th, 1850, was then taken up, read a sec- 
ond time, and referred to the Committee on Corporations. 

Assembly Joint Resolution instructing our Senators and Representatives 
in Congress in relation to an Act of Congress to settle private Land Claims 
in California, was then taken up, read a second time, and referred to the 
Committee on Federal Relations. 

Senate bill for An Act to provide a Library for the Supreme Court, was 
then taken up, read a second time, and referred to the Committee on Judi- 
ciary. 

Senate bill for An Act in relation to Personal Mortgages in certain ct^es, 
-was then taken up, read a second time, and referred to the Committee on 
Judiciary. 

Senate bill for An Act to authorize poorj)er8ons, in certain cases, to prose- 
cute Suits without the payment of Costs, was then read a second time, and 
referred to the Judiciary Committee. 

Senate bill for An Act concerning Sureties on Official Bodls, was then 
taken up, read a second time, and referred to the Committee on Judiciary. 

Senate Joint Resolution in relation to Postal arrangementSi was then 

**'' Digitized by Google 



•370 [jRfDAl^, 

titen iip, rekd a second fifiae, and referred to' tKe Conunittee on 'Federal 
Belations. 

Assembly bill for An Act for the relief of Laitfrence McMalion, Tfas flren 
taken up, read a second time, considered in committee of the whole, reported 
back without amendment, the committee discharged, the rules suspended, 
and the bill read a third time and passed. 

Assembly bill for An Act prescribing the mode of appointing Auctioneers 
and defining their duties, was Uien taken up, read a second time, and refer- 
red to the Judiciary Committjee. 

On motion of Mr. Johnson, Assembly bill for An Act to Eund the float- 
ing debt of the County of Sacramento, and to provide for the payttient of the 
same, was taken from the table, amended, and ordered engrossed for a thirti 
reading. 

Assembly bill for An Act to dispose of the interest of the State of Cali- 
fbrnia in certain property, and quiet the title thereto, was then taken up. 

Mr. Canney then moved a call of the House, which was sustained. 

And on the f-oU being called, the following members were absent : 

Messrs. Carhart, Irwin and Meredith. 

Mr. Irwin appeared, was admitted, excused, and took his seat. 

On motion, further proceedings under the call were dispensed with. 

Mr. Canney again moved a call of the House, which w^as sustained. 

And on the roll being caUed, the following members were absent : 

Messrs. Irwin and Thomas. 

Mr. Irwin an J Thomas appeared at the bar of the House, were adnutted, 
excused, and took their seats. 

On motion of Mr. Rogers, further proceedings under the call were dis- 
pesad with. 

Mr. Wing moved, that the bill be read a third time now. 

On which the ayes and nkys were demanded, and the bill was ordered 
tb a third reading by the following vote : 

AYES. 



Messrs- Bell, 


Messrs. Kittredge^ 


Blake, 


Leake, 


Brush, 


Mandeville, 


Cabaniss, . 


Meredith, 


Caldwell, 


McGandless, 


Carhart, 


McKamy, 


Cardozo, 


McMahon, 


Covarrubias^ 


• McIVfeans, 


Estop, 


Myres, 


Ewing, 


Owen, 


Fairfax, 


Redding, 


Harrison^ 


Rogers, 


Herbert, 


Tilghman, 


|g0ff, 

Ttunt, 


Walker, 
Wilson, 


Huse, 


Wing— 38. 


Irwin, 





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Av^i 1.] 



3-71 



NAYS. 



Messrs. Bostwiek, 


Messrs. Moore, 


Caniiej, 
Connesp, * 


Oliver, 
Pacheco, 


Crenshaw, 


Proctor, 


Flower, . 
Gardner, 


Reading, 
. Robinson, 


Hallj, 

Ifeydenfeldt, 

Johusan, 


Sime, 

Snyder, 

Smith, 


Knight, 


Taylor, 


Letcher, 


Thomas, 


McFarland, 


Yeiser, 


McGarry, 


Speaker--^6 



The bill was then read a third time. 

Mr. Heydenfeldt moved to recommit the bill to the Committee on Ways 
and Means, with instructiojoa tp/report the following as a suhi^itute : 

An Act to provide for examining certain property of the State of Califomiaj 
with the view to raise revenue from the sale thereof. • 

The Peopie of tJie State of Calif omiaj represeifited in Senate and Assembly^ 

do enact asfolbws : 

Section 1. There shall be elected,* by a joint convention of the two 
Houses of the present Legislature, within fifteen days after the passage of 
this Act, a Board of Commissioners, to be composed of three competent 
Hydrographical Engineers, whose duty it shall be to carefully and thorough- 
ly examine and sound the present Water Front of the city of San Fran- 
cisco as now defined by law ; and also to examine the entire Bay and Har- 
bor of San Francisco, the prevailing influences of the winds and tides, and 
likewise the/efifect upon the safety of the Harbor and conveniences of ship- 
ping an extension of the present City Front would have. 

Sec. 2. In the event such Board shall conclude that an extension of 
said Front can bo made without injury to the Harbor, and with benj^t to 
the State, then it shall be their duty to carefully prepare and .compile a com- 
plete Map or Chart of the same ; with full information, by report, hpw fiir 
into the Bay the said extension can with safety be made : the said report 
and Map or Chart to be made in time to present the same to th^ next 
B^Qsipn of the Legislature. 

Sec. 3. Said Commissioners, after having satisfactorily performed the 
duties herein enjoined, shpll receive for compensation the sum of Bft^en 
hundred dollars each. 

The question then being on recommitting, with special instructions, the 
ayes and nays were demanded, and the House refused to ro||ommit by the 
following vote : 



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372 



[Fridat, 



ATSS. 



Messrs. BostwicS:^ 


Messrs. McGarry, 


Cabaniss, 


Moore, 


Canney, 


Oliver, 


ConnesSi 


Pacheco, 


Crcnshawy 


Proctor, 


Flower, 


Reading, 


Gardner, 


Robinson, 


Hally, 


Sime, 


Hejdenfeldt, 


Snyder, 


Johnson, 


Taylor, 


Kniffht, 
Letcher, 


Thomas, 


Yeiser, 


McFarlandy 


Speaker— 25. 




NATS. 


Messrs. Bell, 


Messrs. Leake, 


Blake, 


MandeviUe, 


. Brush, 


Meredith, 


Caldwelly 


McCandless, 


Carhart, 


McKamy, 


Cardozo, 


McMahon, 


Covarrubias, 


McMeans, 


Estep, 


Myres, 


Ewing, 


Owen, 


Fairfax, 


Redding, 


Harrison, 


Rogers, 


Herbert, 


Smith, 


HoflF, 


Tilghman, 


Hunt, 


Walker, 


fiuse, 


Wilson, 


Irwin, 


Wing— 33. 


Kittredge, 





Mr. Ganney moved a call of the House, which was sustained, and on the 
roll being called, Mr. Conness was found absent. 

Mr. Conness appeared at the bar of the House, was admitted, excused, 
and took his seat. 

On motion, further proceedings under the call were dispensed with. 

^r. McCandless moved the previous question, and on the question, ^^ Shall 
the main question now be put r' / • 

The ayes and nays were demanded, and the House refused to sustain the 
motion by the followmg vote : 



ATES« 



Messrs. Bell, 
Blake> 



Messrs. Eittred|e, 
Mandeville, 

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Apbil 1.] 



373 



Messrs. Brush, 


Messrs. Meredith, 


Carhart, 


McGandless, 


Covarrubias, 


McKamy, 


Ewing, • 


McMahon, 


Harrison, 


McMeans, 


Herbert, 


Tilghman, 


HofiF, 


Walker, 


Hunt, 


Wilson, 


Huse, 


Wing— 23. 


Irwin, 




• 


NATS. 


Messrs. Bostwick, 


Messrs. McGarry, 


Cabaniss, 


Moore, 


CaldweU, 


Myres, ' 


Canney, 


Oliver, 


Connesa, 


Owen, 


Cardozo, 


Pacheco, 


Crenshaw, 


Proctor, 


Estep, 


Reading, 


Fairfax, 


Redding, 


Flower, 


Robinson, , 


Gardner, 


Rogers, 


Hally, 


Sime, 


Heydenfeldt, 


Snyder, 


Johnson, 


Smith, 


Knight, 


Taylor, 


Leake, 


Thomas,' 


Letcher, 


Yciser, 


McFarland, 


Speaker— 86, 



The question then being " Shall the bill now be passed ?" 
On which the ayes and nays were demanded, and the bill was passed by 
the following vote : 



Messrs. Bell, 


Messrs. Leake, 


Blake, 


Mandeville, 


Brush, 


Meredith, 


Carhart, 


McGandless, 


Cardozo, 


McKamy, 


Covarrubias, 


McMahon, 


Estep, 


McMeans, 


Ewing, 


Myres, 


Fairfax, 


Owen, 


Harrison, 


Redding, 


Herbert, 


Rogers, 


Hoff, 


Smith, 


Hunt» 


Tilghman, 



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m 



[Fbij>^, 



Messrs. Huse, 


Messrs 


. Wilson, 


Irwin, 




Wing— 31. 


Kittredge, 


NAYS. 


• 


Messrs. Bostwick, 


Messrs 


, McGarrj, 


Cabaniss, 




Moore, 


Caldwell, 


^ 


Oliver, 


Canney, 




Pacheco, 


Conness, 




Proctor, 


Crenshaw, 




•Reading, 


Flower, 




Robinson, 


Gardner, 




Sime, 


Hallj, 




Snyder, 


Heydenfddt, 




Taylor, 


Johnson, 




Thomas, 


Knight, 




Yeiser, 


Letcher, 


• 


Speaker— 27. 


McFarland, 


, 





On the question, " Shall the title of this bill stand ?" 

Mr. Johnson moved to amend the same by striking out the words, " and 
quiet the title thereto." 

On whidi the ayes and nays were demanded, and the House refused to 
adopt the amendment by the following vote : 



AYES. 



Messrs. Cabaniss, 


Messrs 


. Pacheco, 


Caldwell, 




Proctor, 


Canney, 




Reading, 


Conness, 




Robinson, 


Flower, 




Sime, 


Gardner, 




Snyder, 


Ilally, 




Smith, 


Johnson, 




Taylor, 


Letcher, 




Thomas, 


McFarland, 




Yeiser, 


McGarry, 




Speaker— 23. 


Moore, " 


NATS. 




Messrs. Bell, 


Messrs. 


. Leake, 


Blake, 




Mandeville, 


Brush, 




Meredith, 


Qftrharfe 




McCandless, 


Cardozo, 




McEamy, 


Coyarrubias, 




McMahcMQ, 



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ApBa'1.3 



3^^ 



Messrs. Sstep, 



Mesan. 



Ewing, 

Harrison, 

Herbert, ' 

Hoff, 

Hunt, 

Huse, 

Irwin, 

Kittredgo, 



McMeans, 

Mjres, 

Owen, 

Redding, 

Rogers, 

Tilghman, 

Wilson, 

Wing— 29. 



There being no farther objections made to the title, it was agreed to. 
Mr. Blake then moved to reconsider the vote by which the bill was passed. 
Mr. McGandless moved to indefinitely postpone the motion to reconsider. 
On which the ayes and nays were demanded, and it was decided in the 
affirmative by the following vote : 



AYES. 



Messrs. Bell, 


Messrs. Leake, 


Blake, 


Mandcville, 


Brush, 


Meredith, 


Carhart, 


McCandless, 


Cardozo, 


McKamy, 


Covarrubias, 


McMahon, 


Estep, 


McMeans, 


Ewing, 


MjTes, 


Harrison, 


Owen, 


Herbert, 


Redding, 


HofF, 


Rogers, 


Hunt, 


Tilghman, 


Huse, 


Wilson, 


Irwin, 


Wing— 29. 


Eittredge, 






NATS. 


Messrs. Cabanisd^ 


Messrs. Oliver, 


^ Canney, 


Pacheco, 


Oonness, 


Proctor, 


Flower, 


Reading, 


Gardner, 


Robinson, 


Hally, 


Snyder, 


Johnson, 


Taylor, 


Letcher, 


Thomas, 


McGarry, 


Yeiser, 


Moore, 


Speaker— 20. 



A message was received from the Senate, informing the Assembly that 
ihoy this day concurred in Assembly amendment to Senate bill for Aji Act 



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876 [Satuedat, 

prescribing the time of holding the District Court in the Fifth Judicial Dis- 
trict. 

A message was received from the Governor, informing the Assembly that 
he did, on the 1st instant, approve 

An Act to provide for the redemption of Comptroller's warrants, payable 
out of the General Fund. 

Also, An Act to enforce the payment of licenses in this State ; and 

An Act amendatory of the 4th section of an Act concerning Divorces, 
passed March 25, 1851. 

On motion, at 3 o'clock, P. M., the House adjourned. 



HOUSE OF ASSEMBLY. 

Satukdat, April 2, 1868. 

House met pursuant to adjournment. 

The Speaker in the chair. 
• The roll was called by the Clerk, and the following members were absent : 
Messrs. Cabaniss, Estep, Ewing, Flower, Gardner, Garfield, Herbert, John- 
son, Knight, Martin, McFarland, Proctor, Robinson, Smith, Thomas, Walker, 
Wells and Wilson. 

On motion, leave of absence was granted for one day to Messrs. Estep, 
$wing. Flower, Gardner, Herbert, Johnson, Knight, McFarland, Proctor, 
Robinson and Wells. 

Mr. Crenshaw presented the following communication, which was read, 
and ordered to be spread upon the Journal : 



A88EMBLT CHAMBER, 

Benicia, April 1, 1853.. 
8ir:~ 

W^ hereby tender you our respective resignations as members of Assem- 
bly from the county of San Francisco. 

Respectfully, 

E. HEYDENFELDT, 
JOHN SIME, 
JAMES M. TAYLOR, 
FRED. A. SNYDER, 
SAM'L FLOWER. ' 
To the Hon. Speaker of Assembly. 



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April 2.]' . 3VY 

Mr. Loak^ prbsented the petition of James Austin praying for relief. 

Which was read, and referred to the Committee on Claims. 

Mr. Yeiser, from the Committee on Judiciary, reported back Senate bill 
for An Act to authorize the Pacific Mail Steamship Company to hold, use, 
and occupy certain Lands in the city of Benicia, without amendment, and 
recommended its passage. 

The report' was adopted, the bill laid on the table, and two hundred and 
forty copies ordered to be printed. 

Mr. Canney, from the Committee on Indian AfiFairs, reported back the 
claim of Elijah Steele, and recommended that it be referred to the Commit- 
tee on Claims. The report was adopted and the claim referred as recom- 
mended. 

Mr. Canney from the Joint Committee on Apportionment of Senatorial 
and Assembly District, submitted the following report. (See Senate Ap- 
pendix, No. 54). 

Which was read, laid on the table, and two hundred and forty copies 
ordered printed. 

Mr. Canney, from the same Committee, introduced a bill for An Act to. 
apportion the Senatorial and Assembly Districts of this State, which was 
read a first and second time, and made the special order for Thursday next, 
April 7, 1853, at 12 o'clock, M. 

Mr. Leake submitted the following report, which was read and concurred 

Mr, Speaker : ^ . 

The Committee of Conference of the Senate and Assembly upon a bill 
appropriating money for labor performed by certsun persons, 

Report that the Senate shall agree to the two first amenflments of the 
Assembly, and that the Assembly will recede from its last amendment, and 
agree to insert ten hundred and sixty-two dollars and seventy-five cents. ' 

Respectfully, 

CHAS. A- LEAKE, 

Of Assembly. 

J. w. c6ffroth, 

Of Senate. 

On motion of Mr. Conness, leave of absence was granted to the Speaker 
for ten days. 

Mr. Conness then submitted the following resolution, which was read, fpd 
unanimously adopted. 

Resolved^ That the Hon. P. Canney be and is hereby declared Speaker 
pro tern., during the absence of the Speaker of this House. 

On motion of Mr» Letcher, Mr. Hunt was authorized to withdraw the 
claim of S. Whiting and others. 

Mr. Fairfax, from the Yuba eoonty delegation, reported back Assembly 

48» 



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378 [SATLBDAy, 

bill for An Act to separate the office of Countj Recorder from the office of 
County Clerk in the Countj^ of Tuba, and recommended its passage. 

The report was adopted, and the bill considered engrossed, read a third 
time, and passed. 

Mr. Owen gave notice that he would on an early day submit an amend- 
ment to the forty-fourth rule of this House. 

Mr. Brush submitted the following resolution, which was read and adopted : 

Resolvedy That the Sergeant-at-Arms be authorized to draw for the per 
diem of ]Vb. Huse, from Sxe third of January last. 

Mr. Ow^n, from the Committee on Corporations, reported back Senate 
bill for'Aii Act for the formation of Corporations for certain purposes, with- 
out amendment, and recommended its passage. 

The report was adopted, and the bill laid upon the table, and made the 
special order for Wednesday, April 6th, 1853, at 12 o'clock, M. 

On motion of Mr. Redding of Yuba, Assembly bill for an Act prescribing 
the time at which County and Township Officers shall enter upon the duties 
of their offices, was taken from the table, and referred to a select committee 
of five. 

The Chair appointed Messrs. Redding of Yuba, Moore, Hoff, Myres and 
Conness. 

The following message was received from the Senate : 

Mr. Speaker: 

The Senate passed on the 31st March, Assembly bill for An Act for the 
relief of Thomas A. Hilton, M. D.; 

And Senate bill for An Act authorizing the Treasurer of the State of 
California to issue bonds for the payment of the Fitzgerald Volunteers,, 
serving under Major Fitzgerald, in the county of San Diego. 

And passed thiff day Senate bill for An Act for the relief of A. G. Hart, 
^M.D- 

By order of the Senate, 

A. C. BRADFORP, 

Secretary. 
April 1, 1863. 

Senate bill for An Act for the relief of A. G. Hart, M. D., was then read 
a fir^t and second time, and referred to the Committee on Claims. 

Senate bill for An Act authorizing the State of California to issue bonds 
for the payment of the Fitzgerald Volunteers servmg under Major Fitzge- 
rald, in the cohinty of San Diego, was then read a first time, and laid over 
under the rules. 

On motion of Mr. Oliver, Messrs. Thomas, Blake and Myres were added 
to the Judiciaiy Committee. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled. An Act prescribing the time of holding the District 
Court in the Fifth Judicial District. 

Also, An Act for the relief of Thomas A. Hilton, M. D. 

And the report was adopted. 

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Apeil 2.] 379 

On motion, at 8 o'clock, P. M., the House i^joumed until Monday nert 
at half past seven o'clock, P. M. 



HOUSE OF ASSEMBLY. 

t 

Monday, April 4, 1858, 

Hoose met pursuaBt to a4Journinent. 

The Hon. P. Canney, Speaker, p-o tem.y in the chair. 

The roll was called by the Clerk. 

No quorum present. 

On motion of Mr. McCandless, the House adjourned. 



MOUSE OF ASSEMBLY. 

Tuesday, AprilJS, 1863. 

/ 

Tl^e House met pursuant to adjournment. 

The Speaker, pro tern., in the chair. 

The roll was called by Uie Clerk, and the following members were absent : 

Messrs. Bell, Blake, Caldwell, Carhart, Cardozo, Covarrubias, Crenshaw, 
Estep, Ewing, Garfield, Hallj, Hoff, Johnson, Enight, Meredith, McCand- 
less, McMahon, McMeans, Myres, Pacheco, Robinson, Smith, Thomas, 
l^ghman. Walker, Wilson and i eiser. 

On motion, leave of absence for one day each was granted to^Messrs. 
Enight, Tilghman, Hoff, Meredith, Blake, Thomas, McMahon, Crenshaw, 
Cardozo and HaUy ; to Mr. Smith five days' leave was granted ; to Mr. 
Pacheco three days ; to Messrs. Johnson and Bobinson two days each. 

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380 



[TUB$DAT, 



The J'ournals of Saturday and Monday Jast were read and approved. 

Mr. McCandlcss moved that Mr. Carpentier be admitted upon the floor 
of this House, and that he be sworn and allowed to take his seat as a mem- 
ber of this House from Contra Costa county. 

Mr. Irwin moved, as an amendment, that Mr. Carpentier be admitted 
upon the floor of this House, and allowed to make a statement in relation to 
the late special election for a member of Assembly in Contra Costa county. 

Mr. Leake moved to lay the motion on the table. 

On which the ayes and nays were demanded, and the House refused to 
lay on the table by the following vote : 

ATES. 



Messrs. Bostwick, 


. Messrs. Iluse, 


Brush, 


Leake, 


CabanisSy 


McGarry, 


ConnesB, 


McKamy, 


Ewing, 


Oliver, 


Gardner, 


Proctor, 


Harrison, 


Wells— 16. 


Herbert, 


• 




NAYS. 


Messrs. Canney, 


Messrs. McFarland, 


Fairfax, 


McMeans, 


Hunt, 


Moore, 


Irwin, 


Owen, 


Kittredge, 


Reading, 


Letcher, 


Redding, 


Mandeville, 


Rogers, 


Martin, 


Wing— 17. 


McCaudless, 





The question then recurring on the motion of Mr. Irwin, the ayes and 
nays were demanded, and it was decided in the affirmative by the following 
vote : 



ATKS. 



. Brush, 


Messrs. Mandeville, 


\ 
1 


Canney, 


Martin, 




Conness, 


McCandless, 




Ewing, 


McFarland, 




Fairfax, 


McKamy, 




Hunt, 


McMeans, 




Jrwin, 


Redding, 




Kittredge, 


Rogers, 




Letcher, 


Wing— 18. 





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Apeil 6.] 



861 



NAYS. 



"Messrs. Bostwick, 


Messrs. 


McGarry, 


Cabaniss, 




Moore, 


Covarrubias, 




Oliver, 


Gardner, 




Owen, 


Harrison, 




Proctor, 


Herbert, 




Reading, 


Huse, 




Wells— 15 


Leake, 







Mr. MeMeans presented the memorial of certain citizens of El Dorado 
eounly, jM-aying that the jarisdiction of Justices' Courts in and for El Do^ 
rado county, may be fixed, and continue as now established by law. 

Which was read, and referred to the Judiciary Committee. 

Mr. Mandeville, from the Committee on Roads and Highways, reported 
back Assembly bill for An Act to authorize the construction of a Wagon 
Road from the Free Bridge House, on Clear Creek, in Shasta county, to 
Weaverville, m Trinity county, with amendments, and recommended its 
passage. 

The report was adopted, and the bill laid on the table. 

Mr. Irwin, for Mr. Thomas, from the Committee on Engrossed Bills, re- 
ported as correctly engrossed,. An Act for the relief of Lawrence McMa- 
hon ; 

An Act to Fund the Floating Debt of the county of Sacramento, and to 
provide for the payment of the same. 

And the report was adopted. 

Mr. Moore submitted a resolution, requiring a statement of the unfinished 
business of the House to be printed. 

Which was read and adopted. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled. An Act for the payment of certain persons therein 
naimcd, and for services rendered and materials fdrnished. 

And the report was adopted. 

A message was received from the Grovemor, informing the Assembly that 
he did, on the 2d instant, approve An Act for the relief of Thomas A. Hil- 
ton, M. D. 

The following messuage was received from the Senate. 

Mr, Speaker : 

The Senate refused, on 1st instant, to pass Assembly bill for A!n Act for 
the relief of Jacob D. Hoppe. 

And passed Assembly bill for An Act amendatory of An Act to create 
the County of Alameda, and to establish the Seat of Justice therein, to de- 
fine its boundaries and to provide tor its organization, passed March 25, 
1858. 

And concurred in the report of the committee of conference on the disa- 
greeing vote of the two Houses upon Senate bill for An Act to pay certain 
persons therein named foi: services rendered and materials furnished. 



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382 [TuESPAr, 

And passed, on the 2d instant, with amendments, Assembly bills for An 
Act for relief of E. G. Baker, Tinsmith of San Francisco, and An Act for 
the relief of James M. Cranston. 

And also, on the 2d instant. Senate bill for An Act to define the rights of 
persons to Public Lands in mining localities. 

By order of the Senate : 

A. C. BRADFORD, 

Secretary. 
5th April, 1853. 

Senate bill for An Act to define the rights of persons to Pablic Lands in 
mming localities, was then read a first and second time, and referred to the 
Committee on Mines and Mining Interests, and two hundred and fi>rty 
copies ordered to be printed. 

A^emblj bill as amended by the Senate, for An Act to pay freight to 
James M. Cranston on State furniture in 1853, was then taken up, and the 
Senate amendment concurred in. 

Assembly bill, as amended by the Senate, for An Act to provide for the 
payment of E. Gr. Baker for Iron and Tinware furnished the Legislature, 
was then taken up, and the Senate amendment concurred in. 

Mr. Redding of Yuba, on leave, introduced a bill for An Act to provide 
for the better publication of OflScial Notices, which was read a first and 
second time, and referred to the Judiciary Committee. 

Mr. McMeans moved a call of the House. 

Which was sustained. 

And on the roll being called, the following members were absent: 

Messrs. Bell, Caldwell, Leake, McFarland, Moore, Rogers, Walker, Wil- 
son and Yeiser. 

On motion, further proceedings under the call were dispensed with. 

Mr. Bostwick gave notice that he would, on to-morrow, move to amend 
the forty-fourth rule of this House, so as to require the Door-Keeper to 
close the door before the falling of the roll, when a call of the House is 
ordered. 

On motion, at one o'clock, P. M., the House adjourned. 



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Apm 5.] 38S 



HOUSE OF ASSEMBLY. 

Wednesday, April 6, 1863. 



The Hoase met pursuant to adjournment. 

The Speaker jTTO tern, in the chair. 

The roll was called by the Clerk, and the following members were fonud 
absent : 

Messrs. Caldwell, Carhart, Covarrubias, Estep, Fairfax, Garfield, Hoff, 
Irwin, Knight, McFarland, McMahon, McMeans, Mjres, Thomas, Tilgh- 
man. Walker, Wilson, and Yeiser. 

On motion, leave of absence for one day was granted to Messrs. McMeans, 
HoflF, Fairfax, Thomas and Johnson ; for three days, to Mr. Estep ; and for 
an indefinite time to Mr. Caldwell. 

The Journal of Tuesday last was read and approved. 

Mr. Harrison presented the petition of Jefferson Lake of the city of Sac- 
ramento, praying for a law granting him the privilege of constructing a boom 
across the American River. 

Which was read and referred to the Committee on Commerce. 

Mr. Rogers submitted tho following report, which was read and adopted. 

Mr. Speaker: 

The Committee on Indian Affairs, to whom was referred the claim of 
Samuel Whiting for the sum of thirteen hundred and forty-five dollars with 
interest, have had the same under consideration, and report the same back 
to the House, recommending that he be allowed the amount asked for, with- 
out interest, to be paid out of the War Loan Fund. 

Respectfully submitted, 

WM. M. ROGERS, 
R. G. READING, 
JESSE BRUSH, 
P. CANNEY. 



Senate bill ioT An Act authorizing the Treasurer of the State of Cali- 
fornia to issue bonds for the payment of the Fitzgerald Volunteers, serving 
under Major Fitzgerald in the county of San Diego, was then read a second 
time, and referred to the Committee on Military Affairs. 

Mr. Brush submitted the following resolution, which was read and adopt- 



RcMolved, That the Sergeant-at-Arms be required to purchase a suitable 

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3S4i 



[Wbdkbsdat, 



case for the purpose of keeping papers, documents, &c., safely, and that Uie 
same be paid out of the Contingent Fund of the Assembly. 

Mr. Owen, agreeably to notice, moved to amend the forty-fourth rule of 
this House, by inserting in the first line after tne word House, the words, 
" the doors shall be closed, and no member permitted to go out during the 
call, without leave, and" — and strike out in the third line, the words, *' the 
doors shall then be shut." # 

And the amendment was agreed to. 

Assembly bill, with substitute, for An Act concerning Lawful Fences and 
animals trespassing on premises lawfully enclosed," was then taken up, the 
substitute adopted, and two hundred and forty copies ordered to be printed. 

Assembly bill for An Act to amend an Act entitled an Act to provide for 
the levying, assessing and collecting Public Revenue, approved April 28, 
1853, was then taken up, and made the special order for Monday next, 
April U, 186.2, at 12 o'clock, M. 

On motion of Mr. Cabaniss, Assembly bill for An Act to authorize the 
construction of a Wagon Road from the Free Bridge House on Clear Creek, 
in Shasta County, to Weaverville, in Trinity County, was taken from the 
table, amended, considered engrossed, read a third4ime, and on the ques- 
tion, ^' Shall the bill now^ be passed ?" the ayes and nays were demanded,- 
and the House refused to pass the bill by the following vote : 

AYES. 



Messrs. Bell, 


Messrs 


Martin, 


Canney, 




McCandlesB, 


Ewing, 




McFarland, 


Harrison, 




Proctor, 


Herbert, 




Heading, 


Hunt, 




Rogers, 


Letcher, 




Wing— 15. 


Mandeville, 


NAYS. 




Messrs. Bostwick, 


Messrs. 


Meredith, 


Brush, 




McGarry, 


Cabaniss, 




McKamy, 


Conness, 




Moore, 


Cardozo, 




Oliver, 


Crenshaw, ' 




Owen, 


Hally, 




Bedding, • 


Huse, 




Robinson, 


Kittredge, 




Wellfr^l9. 


Leake, 







On motion of Mr. Letcher, Assembly bill for An Act concerning Roads 
and Highways, was then taken from the table, amended, considered en- 
grossed, read a third time and passed^ 

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April 6.] 386 

On motion of Mr. McCandless, Assembler bill for An Act to proTide fbr 
the formation of Corporations for certain purposes, mt^de the special order 
for this day at 12 o'clock, M., was taken up. 

The House then went into committed of the whole, (Mr. Redding of 
Yuba in the chair,) on the consideration of the bill ; and having considered 
the same, rose, reported it back with amendments, recommended its pas- 
sage, and asked to be discharged from a further consideration of the sub- 
ject. 

Which was granted. 

And the bill was laid on the table. 

Mr. McCandless, on leave, introduced a bill for An Act to Fund the Debt 
of the county of Sutter, and provide for the payment of the interest thereof. 

Which was read a first and second time, and referred to a select com- 
mittee, consistmg of Messrs. Bedding of Yuba, Myres, Moore and McCand- 
less. 

Mr. Ewing, on leave, introduced a bill for An Act to amend an Act enti- 
tled an Act dividing the State into counties and establishing the Seats of 
Justice therein, passed April 25th, 1851. 

Which was read a first and second time, and referred to the Judiciary 
Committee. 

Mr. Owen, from the Committee on Corporations, reported back Senate 
bin for An Act to provide for the Incorporation of Railroad Companies, with 
amendments, and recommended its passage. 

The House then wont into committee of the whole, (Mr. Mandeville in 
the chdr,) on the consideration of the bill ; and having made some progress 
thereon, rose, and reported the same, 'and asked leave to sit again. 

Which was granted. 

Mr. Knight moved a call of the House, which was sustained ; and. 

On the roll being called, the following members were fi>und absent :-— 
Messrs. Bell, Blake, Conness, Cardozo, Ewing, Gardner, Hunt, Eittredge, 
Meredith, McCandless, McMahon, Mobre, Myres, l^ghman, Walker and 
Wilson. 

On motion, the Sergeant-at-Arms was dispatched to brbg in the ab- 
sentees. 

Messrs. Blake, Cardozo, Bell, Gardner and McCandless appeared at the 
bar of the House,^were admitted, excused, and took their seate. 

On motion, further proceeding? under the call were dispensed with. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported that 
they had this day presented to the Governor for his approval, An Act for 
the payment of certain persons therein named, for services rendered and 
materials furnished. 

And the report was adopted. 

Mr. Bostwick, from the same committee, reported as correctly enrolled, 
An Act amendatory of an Act entitled an Act to create the county of Ala- 
meda and estabUsh the Seat of Justice therein, to define its boundaries and 
to provide for its organization, passed March 25th, 1858 ; also, 

An Act to pay freight to James M. Cranston, on State furniture, in 
1868; also, 

•49 

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396 [THbtti^A^^,' 

"'AnAcilb ptovfdel ^r the paymt^ht o/E; 0-. Baker, for iroliatt*tifi ^ttte 
ftLttritfhed tte Legislattire. 
. And the repoft was adopted. 

Mr. Beli sifbfiSitted a resolution, a^poltiting a committfee of three to vimt 
aiid exainine the Ibcatioti of the State Prison, and also the concfition and 
discipline of the Prisoners: 

Mr. Wells submitted, as a substitute, a resolution requiring ihe Commit- 
tee on State Prisons to perform that duty. 

Pending the consideration of the substitute, 

On motion, at 3 o'clock, P. M., the House adjourned. 



HOUSE OF ASSEMBLY. 

Thubsday, April 7, 1858. 

The Bouse met porsuont to adjournment. 

¥he Speaker jM^(> fern., in ttie ohair; 

The roll was caHed bj^the Clerk, aad the following members w^re ab* 
setitc 

Messrs. Bell, Conness, Fairfax, Garfield, McCandless, Moore, Wilson 
and : Yeisen. 

. On motion, leave of absence for one day was granted to Mr. Johnson^ 
and indefinite leave to Messrs. Wilson and Yeiser. 

The Journal of Wednesday ta^t was road and approved. 

Mr. Crensbaw.. suteailted the • follpwing report, which was read and 
adopted: 

The CoQunittee on Claims, to whom was referred the petition of Horace 
Hawes, asking an appropriation to pay him his salary, for the office of 
Prefect for the County of San Francisco, in the years 1849-50, have had 
the swaie under consideration, and are of the opinion that the prayer of 
said petitioner should ixot be allowed. 

CRENSHAW, 
, Chairman. 

Mr. Crenshaw also submitted the following report, which was read 
and adopted : 

The Committee on Claims, to whom was referred the petitioti of Drt. 

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A^wu i.-] as? 

Whitmore and Gibbs, asking compeosation for certain ^erviijes rendered 
the citizens of Calaveras County who were diseased with the small poy, 
have had the same under consideration, and are of the opinion that the 
conduct of those gentlemen in rendering aid to the afflicted under such 
circumstances, is praiseworthy in a high degree, and that they are entitled 
to the thanks of the citizens of said county for their services above referred 
to. But the committee are of the opinion that the State should not estab- 
lish the precedent asked for in said petition. They therefore return the 
|)etition, nithUie opinion that the prayer of said petitioners should not 
be granted. 

CRENSHAW, 

Chairman. 

Mr. Crenshaw, from* the same committee, reported back Senate bill for 
An Act for the relief of A. G. Hart, M. D., and recommended its passage. 

The report was adopted. * 

And the House went into committee of the whole (Mr. McMeans.in, 
the chair) on the consideration of the bill, and having considered the 
same, rose and reported it back,' and recommended its passage, and asked 
to be discharged from further consideration of the subject. 

Which was granted. 

The bill was then read a Ihird time and passed. 

Mr. Cardozo, from the Committee on Commerce, reported back Assem- 
bly Joint Resolution in relation to the Harbor of 'Santa Barbara, and ;re. 
commended its passage. 

The report was adopted,, and the resolution read a third time and pass- 
ed. ' 

Mr. Cardozo submitted the following report, which was read and adopt- 
ed : 

^ Mr. Speaker : 
/' 
The Committee on Public Lands, to whom was referred the petition of 
citizens of Union and Trinity Counties, praying for a law to protect the 
titles to lots in said towns, have had the same under consideration, beg 
leave to return the same to the House, and recommend its reference to the 
Judiciary Committee. 

Respectfully submitted, 

CARDOZO, 
' Chairtnan. 

On motion of Mr. Wing, the Clerk was directed to transmit a. copy of 
thereport of the Committee on Indian Affairs, on the petition of Samuel 
Whiting, together with the original papers upon which fhe report was 
based, to the Board of Examiners of the Wai Debt. 

Mr. Brush moved that the Judiciary Committee be instructed to report 
upon the bill for An Act to limit the application of an Act to regulate 
proceedings in civil .cases in Cpurts of Justice of this State, passed April 
29. 1851. 

Which was agreed to. 

Mr, McMeau^ on leave introduced a bill for An Act amendatory of An 

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888 [Thubsdat, 

Act entitled an Act to provide for the lien of mechanics and others, passed 
April 12, 1850. 

Which was read a first and second time, and referred to the Jndiciarjr 
Committee. 

The following message was r^eived from the Senate : 

Mr. Speaker: 

The Senate passed on the 5th inst, Assembly bill for An Act to sep^- 
rat<) the office of County Recorder from the office of County Clerk, in the 
county of Yuba. 

And An Act to provide for the payment of Beverly C. Saunders* ex- 
penses incurred by order of the Governor in Dec., 1861, for the suppres- 
sion of Indian hostilities in the county of San Diego, as a substitute to 
Assembly bill for An Act for the relief of Beverly C. Saunders ; 

And Senate bill for An Act revising and amending an Act concerning 
the Courts of Justice of this State and Judicial Officers. 
By order of the Senate, 

A. C. BRADFORD, 

Secretary. 
6th April, 1853. 

Senate bill for An Act to provide for the payment to Beverly C. Saun- 
ders' Expenses incurred by order of the Governor, in Dec, 1851, for the 
suppression of Indian hostilities in the county of San Diego, was^then 
read a first time, and laid over under the rules.. 

Senate bill for An Act revising and amending the Act concerning the 
Courts of Justice of this State and Judicial officers, was then read a first 
and second time, and referred to the Judiciary Committee, and two hun* 
dred and forty copies ordered to be printed. 

Mr. Leake, on leave, introduced a bill for An Act to provide for the 
reporting and publishing the decisions of the Supreme Court. 

Which was read a first and second time, and referred to the Judiciary 
Committee. 

Mr. McParland submitted the following communication, which wa$ 
read, and referred to the Committee on State HospitaIs.| 

Martinez, April 4, 1853. 

To the Honorable^ the Senate and Assembly of the State of California : 

Gentlemen : — In the event of this place being deemed a desirable loca- 
tion for the proposed State Lunatic Asylum, and shall l)e selected for that 
purpose by Legislative enactment, the undersigned, on behalf of them- 
selves and the citizens of Martinez, will donate fifty acres of land for the 
same* 

V^ry respectfully, 

Your ob't servants, 

E. S. LATHROP, 

J. FORD, 

N. B. SMITH. 

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April 7,] 389 

Mr. Wells submitted a resolutioh requiring the Committee on State 
Prisons to visit and report upon the site of the State Prison, and discipline 
of the convicts on or before the 14th insi. 

Which was road and adopted. 

On motion of Mr. Moore, Mr. Bell was added to the Committee on 
State Prisons. 

Mr. Thomas, from the Committee on Engrossed Bills, reported as cor- 
rectly engrossed, 

An Act concerning Roads and Highways. 

And the report was adopted. 

On motion of Mr. Leake, the Governor's message in answer to a reso- 
lution of the Assembly requesting information in relation to water lots in 
the city of San Francisco, sold in 1850, was taken from the table, and 
twenty-five hundred copies, together with the accompanying documents, 
ordered to be printed. 

On motion of Mr. Wells, Senate bill for An Act to provide for the in- 
corporation of Railroad Companies, was taken from the table. 

The House then went into Committee of the whole, ivlr. Hally in the 
chair, on the consideration of the bill, and having made some progress 
thereon, rose and reported the same, and asked leave to sit again. 

Which was granted, and the bill laid on the table. , 

Assembly bill for An Act to apportion the Senatorial and Assembly 
Districts iji this State, made the special order for this day at 12 o'clock, M., 
was then taken up. 

The House went into committee of the whole, Mr. McPariand in the 
chair, on the consideration of the bill, and having made some progress 
thereon, rose, reported the same and asked leave to sit again. 

Which was granted, and the bill made the special order for Wednes- 
day next, at 12 o'clock, M., to the exclusion of all other business. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported 
that they had this day presented to the Governor for his approval, An Act 
to provide for the payment of E. G. Baker, for iron and tinware furnished 
the Legislature ; 

Also, An Act to pay James M. Cranston, for freight on State furniture 
in 1853; 

Also, An Act amendatory of an Act entitled an Act to create the county 
of Alameda and establish the Seat of Justice therein, to define its boun- 
daries, and to provide for its organization, passed March 25, 1853. 

And the report was adopted. 

Mr. Moore ^loved to reconsider the vote by which the Assembly refused, 
on yesterday, to pass Assembly bill for An Act to authorize the construc- 
tion of a Wagon Road from the Free Bridge House, on Clear Creek, in 
Shasta county, to Weaverville, in Trinity county. 

On which motion the ayes and nays were demanded, and the House 
refused to reconsider by the following vote : 

ATpti. 

Mosen. Cannej, Messrs. Martin, 

Carharty McFarland, 

Gardner, McMahon, 



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890 



[TainB8DA.ri 



Mec 


ere. Hally, 


Meflers. Mo<Mre, 




Herbert, 


Proctor, 




Hunt, 


Beading, 




Knightj^ 


Wing— 14. 

NAYS. 


Mes 


srs. Blake, 


Messrs. Letcher, 




Bostwick, 


Meredith, 




Brush, 


McKamy, 


, 


Cabaniss, 


Mjres, 




Covarrubias, 


Oliver, 




Crenshaw, 


Owen, • 




Garfield, 


Redding, 




Hoff, 


Robinson, 




Huse, 


Rogers, 




Irwin, 


Thomas, 




Kittrcdgc, 


Wells— 28 




Leake, 





Mr. Redding, of Yiiba, on leave, introduced a bill for An Act to provide 
for the incorporation of Wagon Road Companies. 
\ Which was read a first and second time, and referred to the Committee 
on Corporations. 

Mr. Yciser, from tlie Juciary Committee, reported back Assembly Mil 
for An Act to provide for the better publication of Official and Legal No- 
tices, and recommended its passage. 

The report was adopted, and the bill amended and read a third time. 

Mr. Brush moved to recommit the bill, with special instructions to 
strike out "Columbia Gazette," and insert "Sonora Herald." 

Whicli was agreed to. 

Mr. Leake moved to reconsider the vote to recommit. 

On which tlie ayes and nays were demanded, and it was decided in 
the affirmative by the following vote: 

AYES. 



Messrs. Ewing, 
Gardner, 
Garfield, 
Harrison, 
Irwin, 
Knight, 
Leake, 
Martin, 
Meredith, 
McGandless, 
Moore, 



Messrs. Myres, 
Oliver, 
Owen, * 
Proctor, 
Reading, 
Robinson, 
Thomas, 
Tilghman, 
Walker, 
Yeisei>— 21. 



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Apml^IJ 



Messrs. Bell, 
Blake, 
Brush, 
Cabaniss,, 
Canney, 
Conness, 
Cardozo, 
' Herbert, 






Messrs. Hoff^ 

Kittredge, 

Mandeville, 

McGarry, 

MclCamy, 

Redding, 

Wells, 

Wing— 16. 



The question then recurring on the motion to recommit, with special 
instructions — 

The ayes and nays were demanded, and the House refuasd to recom- 
mit by the following vote : 



ATES. 



Messrs. Blake^ 


Messrs 


. Knight, 


Brush, 




Mandeville, 


Canney, 




McGarry, 


Cbnuess, 




McKamy, 


Cardozo, 




Owen, 


. Crenshaw, 




Redding, 


HofF, 




Wells, 


Irwin, 




Wing-,17. 


Kittredge, 


NATS. 




Messrs. Bell, 


Messrs 


. McMahon, 


Ewing, 




Moore, 


Gardner, 




Myres, 


Garfield, 




Oliver, 


Harrison, 




Proctor, 


Herbert, ' 




Reading, 


Hunt, 




Robmson, 


Leake, 




Rogers, 


Letcher, 




Thomas, 


Martin, 




Tilgbman, 


Meredith, 




Walker, 


McCandless, 




Teiser— 2S 


McFariand, 







Mr.Thomas moved the pn^vious question, and on the question, ^^ Shall 
the main question be now put ?" 

The ayes and nays were demanded, and decided in the affirmative by 
the following vote : 



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392 



A7B6. 



[ThU1|8DAY9 



Messrs. Covarrnbias, 


Messrs. McMahon, 


Ewing, 


Moore, 


Gardner, 


Oliver, 


Garfield, 


Proctor, 


Irwin, 


Reading, 


Leake, 


Rogers, 


Mandeville, 


Thomas, 


Martin, 


Tilghman, 


Meredith, 


Walker, 


McCandless, 


Wells, 


McGarry, 


Yeiseiv-.28. 


McEamj, 




- 


NAYS. 


Messrs. Bell, 


Messrs. Eittredge, 


Blake, 


Knight, 


Brash, 


Letcher, 


Canney, 


McFarland, 


Gonness, 


Myres, 


Gardozo, 


Owen, 


Harrison, 


Redding, 


Herbert, 


Robinson, 


Hoff,, 


Wing— 19. 


Hunt, 




The main question was now, 


« Shall the bill now be passed r 


On which the ayes and nays 


were demanded, and the bill was passed 


by the following vote : 




• 


AYES. 


Messrs. Bell, - 


Messrs. McCandless, 


Blake, 


McFarland, 


Brush, 


McGarry, 


Canney, 


McKamy, 


Gardoao, 


McMahon, 


Covarrubias, 


Moore, 


Grenshaw, 


Myres, 


Ewing, 


Oliver, 


Gardner, 


Owen, 


Herbert, 


Rogers, 


Hunt, 


Thomas, 


Irwin, 


Tilghman, 


Leake, 


Walker, 


Letcher, 


Wells, 


MandevUle, 


Wing, 


Martm, 


Yeifler-88. 


Meredil^ 


' 



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Afbu 7.] 3^5 

Messrs. Gabaniss, Messrs. Knight, 

Harrison, Proctor, 

Iloflf, Beading, 

Kittredge, Robinson — 8. 



The following message was received from the Governor 

rivE Depari 
Benicia, April 6, 1833. 



Executive Department, / 



To the Assembly of (California : 



I have tliis day^ approved the following Acts, viz : 

An Act amendatory of an Act entitled an Act to create the county of 
Alameda and establish the Seat of Justice therein, to define its bounda- 
ries and provide for its organization, passed March 25, 1853 ; 

An Act to pay freight to James M. Cranston, on State furniture, ift 
1853; 

And An Act to provide for the payment of E. G. Baker, for iron and 
tinware furnished the Legislature* 

JOHK BIGLER. 

A message was received from the Senate, informing the Assembly that 
they had this day passed Assembly Concurrent Resolution to change 
the date of the Act to pay freight to James M. Cranston. 

The resolution was then Jaken up, read and concurred in. 

On motion, at 3 o'clock, P. M., the House adjourned* 



HOUSE OP ASSEMBLY. 

FaiDATi April 8, 18S3« 

The House met pursuant to adjournment. 
The Speaker p*o tern, in the chair. 

The roll was called by the Clerk, and the followmg members were ab- 
sent: 

Messrs. Fairfax and Martin. 

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394 



[RlIDAJ, 



On motion of Mr. Moore, leave of absence for two days was granted to 
. Mr. Fairfax. 

The Journal of Thursday last was read and approved. 

Mr. Owen, from the Committee on Corporations, reported back Assembly 
bill for An Act to provide for the incorporation of wagon-road companies^ 
with an amendment, and recommended its passage. 

The amendment reported by the committee was then amended and adopt- 
ed, and the bill read a third time and passed. 

Mr. Owen, from the Committee on Corporations, reported back Senate 
bill for An Act supplementary to an Act creating and regulating public 
Ferries,, passed March 18, 1853, and recommending its passage. 

The report was adopted, and the bill was then read a third time and pass- 
ed. 

yMr. Rogers, from the Committee on Indian Affisurs, reported back As- 
sembly bill for An Aot for the government and protection of Indians, witlk- 
out amendment, and recommended it to the consideration of the House, 

The House then went into committee of the whole, Mr. Leake in the. 
chair, on the considertUion of the bill, and having made some progress there- 
on, rose and reported the same, and asked leave to sit again, which was 
granted, and the bill made the special order for Tuesday next, April 12^ 
1853, at 12 o'clock, M. 

Mr. Cardozo, from the Committee on Commerce, reported back Senate 
bill for An AiCt to amend an Act entitled an Act declaring certain rivers 
and creeks navigable, passed February 18, 1851, without recommendation. 

The Import was adopted, and the biU laid on the table. 

Mr. Cardozo, from the same committee, reported back Assembly bill for 
An Act to provide for tiie measurement of lumber, with a substitute, winch 
was adopted, laid on the table, and made the special order for Thursday 
next, April 14th, at 12 oclock, M. 

' Mr. Moore, from the Judiciary Committee, reported back Assembly bill 
for An Act to amend the fourth section of an Act respecting fugitives from 
labor, and slaves brought to this State prior to her admission into the Union* 
approved April 15, 1852, without amendment, and recommended its pas- 
sage. 

The report was adopted, and the bill considered engrossed ; it was. then 
read a third time, and on the question, ^^ Shall the bill now be passed ?" 

The ayes and nays were demanded, and the bill was passed by the fol- 
lowing vote : 

AYES. 



Messrs. Bell, 


Messrs. Leake, 


Blake, 


Mandeville, 


^ -Boettrick, : 


McCandlesSy 


Cabaniss, 


McFarland, 


Canney, 


McGarry, 


Covarrubias, 


McKamy, 


.. ,.. Crensh;sw, , „ 


. McMeans* 


Ewing, 


Moore, 


HaUy, 


M7r•^ 



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April 8.] 



396 



MesBFB. Harriaon, 


Messrs 


. OKver, 


Herbert, 




Owen, 


Hoff, 




Proctor, 


Hunt, 




Reading, 


Huse, 




Robinson, 


Irwin, 




Thomas, 


Johnson, 




Tilghman, 


Kittredge, 




Walker— 36 


Knight, 


WATS. 




Messrs. Brush, 


Messrs. 


Redding, 


Conness, 




Rogers, 


Letcher, 




Wells— 7. 


Meredith, 







Mr. Robinson gave notice that he would, on to-morrow, move to recon- 
sider the vote by which the bill was passed. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled. An Act to separate the office of County Recorder from 
the office of County Clerk in the county of Tuba. 

And the report was adopted. 

Mr. Crenshaw submitted the following report, which was read and adopt- 
ed: 

Mr, Speaker: 

The Committee on Claims, to whom was referred Senate bill for the re- 
lief of WiUtam Aikenhead, County Treasurer of Santa Clara county, have 
eonsidered the same, and beg leave to report : That they find from the tes-* 
timony, that on the night of the 9th of January last, the said County Trea- 
surer was robbed of the sum of $7,601 99, belonging to the State, and the 
further sum of $2,216 belonging to said county ; that at the first meeting 
of the Board of Supervisors of said county, after the robbery Was committed, 
the said Board released the said Treasurer from all legal responsibility, so 
far as the county was concerned, and acquitted him of all blame in the 
premises. 

Th^ committee find' but one point of exception in the case, iknd that is, 
that the Treasurer had in his hands at the time of the robbery, funds that 
should have been 'paid over by requirement of law some days prior to that 
time ; but the committer have had satisfuctory testimony to show, that in 
consequence of the inability of the Sheriff, by reason of his illness to make a 
settlement with the Treasurer, and the impassable condition of the roads, 
that the said Treasurer cannot, in their opinion, be justly held amenable to 
the law for apparent negligence only. 

Your committee had had before them abundant testimony to show that 
^e said Aikenhead is a faithful and efficient officer, and that no blame or 
legal responsibility should, in their opinion, attach to him in the premises. 



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^9^ U^m^j^ 

We therefore reconiiDend the passage of ihe said Seoate biD* 
All of whicli is respectfully submitted. 

(Signed) CRENSHAW, Chairman, 

Senate bill for An Act for the relief of Wm. Aikenbead, County Treasu- 
rer of the county of Santa Clara, was then read a third time and passed. 

Mr. Thomas, from the Committee on Engrossed Bills, reported as cor- 
rectly engrossed, An Act to provide for the better publication of Official and 
Legal Notices. 

Also, a Joint Resolution in relation to the harbor of Santa Barbara ; and 
the report was adopted. 

Mr. Robinson, from the delegation from Sacramento county, reported 
back Assembly bill for An Act amendatory of an Act entitled an Act to in- 
corporate the city of Sacramento, passed. 1851, with an amendment, and 
recommended its passage. The report was i^opted, the bill amended, and 
ordered engrossed for a third reading. 

Mr. Leake submitted the foUowing report, wUch was read and adopted i 

* jH/tr. Speaker : 

The undersigned, a portion of the delegation of El Dorado and Calaveras 
county, to whom was referred the petition of many of the citizens of Cala- 
veras county relative to the division of said county, beg leave to re'port, 
that the sutgect be referred to the people of said county at the next general 
election. 

And the Committee on Counties and County Boundaries be instructed to 
report a bill to that effect* 

CHARLES A. LEAKE, 
AUSTIN WING, 

S. A. McMEANS. 

Mr. Robinson, on leave, introtiuced a Ull f(Nr An Act to provide £>r the 
erection of a Jiaij in Sacramento county. 

Which was read a first and second time, and referred to the members 
&om Sacramento county. ^ 

The following message was received from the Senate : 

^r. Speaker : 

The Senate passed, on the 6th instant, An Act in relation to the interest 
CO the Funded Debt of 1852. 

And on the 7 th instant. An Act to authorize the Secretary of ^tate to 
to procure the Translation and Lithographing into the Chinese Language of 
the Act to provide for the Protection of foreigners and to define their lia- 
bilities and privileges. 

And with an amendment. Assembly bill for An Act to aulhoriie tha 



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Apwl a] 397 

Comptrdler to audit the aecounts of the President of the Board of Trostees 
of the Stockton State Hospital. 
Also, Senate bill for An Act for the relief of Charles E. Pickett. 

By order of the Senate. 

A. C. BRADFORD, 

Secretary. 
April 8, 186S. 

Senate bill for An Act to authorize the Secretary of State to procure a 
translation and lithographing, into the Chinese language, of the Act to pro- 
vide for the protection of Foreigners and to define their liabilities and privi- 
leges, was then taken up, and read a first and second time ; the House 
then went into committee of the whole (Mr. Herbert in the chair) on the 
consideration of the bill ; and having considered the same, rose, and report* 
ed it back without amendment, recommended its passage, and asked to be 
discharged from further consideration of the subject. 

Which was granted. 

The rules were then suspended, and the bill was read a third time and 



Senate bill for An Act for the relief of Charles E. Pickett, was then read 
a first and second time; and referred to the Committee on Claims. 

Assembly bill, as amended by the Senate, for An Act to authorize the 
Comptroller to audit the accounts of the President of the Board of Trustees 
of the Stockton State Hospital, was then taken up, and the Senate amend- 
ment was concurred in. 

Senate bill for An Act in relation to the interest on the Funded Debt of 

1852, was then read a first and second time. 

The House then went into committee of the whole (Mr. Wing in the 
chair) on the consideration of the bill ; and having considered the same, 
rose, and reported it back, and asked to be discharged from further consid- 
eration of the subject, which was granted, an^ the bill laid on the table. 

On motion of Mr. Hoff, Senate bill for An Act to provide for the forma- 
tion of Corporations for certam purposes, was taken from the table, read a 
third time and passed. ^ 

On motion of Mr. Garfield, Senate bill for An Act to authorize the Pa- 
cific Mail Steamship Company to hold and occupy certain lands in the city 
of Benicia, was taken from the table, considered, and again laid on the table. 

Mr. Bostwick submitted the following report, which was read and adopted : 

Benicia, April 8, 1853. 
Mr. President : 

In accordance with the provisions of a joint resolution passed April 7th, 

1853, the Joint Committee on Enrollment have called upon the Governor, 
to whom he has returned An Act to pay freight to James M. Cranston, on 
State furniture, in 1853. 



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398 [Pbidat, 

And in furtherance of the object of ^the resotution, the committee have • 
changed "1858" to "1852." 

Respectfully submitted. 

JOHN H. BOSTWICK, 

Assembly Committee. 

JOHN WALTON, 

Of Senate Conmiittee* 

Mr. Hally submitted a resolution appointing Mr. Boon as Serjeant-at- 
Arms pro tern. 

Which was read and adopted. 

Mr. Crenshaw submitted the following report, which was read, and, with 
the accompanying bill, laid on the table. (Relative to claim of William 
Waldo — see Appendix, No. 45.) 

Mr .^Oliver submitted a resolution directing the Comptroller to draw his 
warrant on the Treasurer in favor of Lyman Leslie, for sixty-five dollars, 
for extra services rendered to members of the Assembly in opening and dis- 
tributing the Vallejo mails at Benicia during a period of twenty-five days, 
payable out of the contingent Fund of the Assembly. 

Which was read and adopted. 

Mr. Myres submitted the following resolution : 

Reaolvedj That Horace W. Carpentier is prima facie entitled to a seat 
in this House, as member of Assembly for Contra Costa county. 

Mr. Johnson moved to adjourn until Monday next, at half-past 7 o'clock, 
P. M. 

On which the ayes and nays were demanded, and the House refused to 
adjourn by the following vote : 

AYES. 



Messrs. Canney, 
Ewing, 
Harrison, 
Huse, 
Johnson, 


Messrs. Knight, 
McGarry, 
McKamy, 
Myres, 
Redding — 10. 




NAYS. 


Messrs. Bell, 
Blake, 
Bostwick, 
Brush, 
Couuess, 
. Covarrubias, 
Crenshaw, 


Messrs. Kittredge, 
Letcher, 
Meredith, 
McCandlcss, 
McFarland, 
McMahon, 
McMeans, 




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A?B&6.] 899 

Messrs. Gardner, Messrs. Owen, 

Hally, Robinson, t 

Herbert, Rogers, 

Hoff, Thomas, 

Hnnt, Wells, 

Irwin, Wing— 26, 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled, An Act for the relief of A. G. Hartt, M. D. 
And the report was adopted. 
On motion, at 5 o'clock, P. M., the Hoosd adjonmed. 



HOUSE OF ASSEMBLY. 

f \ 
Sat^ay, April 9, 1868. 

The House met pursuant to adjournment 

The Speaker pro tern, in the Chair. 

The roll was called by the Clerk, and the following members were absent : 

Messrs. Bell, Cabaniss, Cardozo, Covarrabias, Ewing, Grardner, Gar- 
field, Huse, Johnson, Martin, McCandless,. Moore, Myres, Proctor, Red- 
ding of Yuba, Rogers, Walker, and Yeiser. 

On motion, leave of absence was granted to all the members compos- 
ing the Committee on State Prisons, until Wednesday next, to Mr. 
Walker, for the same time, and to Mr. Mandeville for one week, to Mr. 
Ewing two days, and to all other absentees, one day. 

The Journal ot Friday last was read and approved. 

Mr. Crenshaw, from the Committee on Claims, reported back Assem- 
bly bill for An Act supplementary to an Act providing a fund for a State 
Library, and recommended its passage. 

The report was adopted, and the bill laid on the table. 

Mr. Crenshaw, from the same Committee, reported back Senate bill for 
An Act in ^relation to clerks in the office of Secretary of State, and to pro- 
vide for their pay, and recommended that it be passed. 

The report was adopted, and 

The House went into committee of the whole, (Mr. Hoff in the chair,) 
on the consideration of -the bill, and having considered the sa^ne, rose 
and reported it back, and recommended that it be passed, and asked lo 
be discharged from further consideration of the subject. 

Which was granted. 

The bill was then read a third time and passed. 

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400 [SATOEvAt, 

Mr. Robinson, from the Sacramento comity delegation, reported back 
Assembly bill for An Act to provide for the erection of a jail in Sacra- 
mento county, and recommended that it be passed. 

The report was adopted, and the bill was read a third time and passed. 

Mr. Halley, from the select committee to whom was referred Assembly 
bill for An Act to secure to settlers a pre-emption right to the overflowed 
and swamp lands of the State, reported the same back, and recom- 
mended that it be passed. 

The report was adopted, and the bill }aid on the table. 

On motion of Mr. Knight, Assembly bill for An Act to provide for the 
incorporation of Railroad Companies, was taken from the table. 

The House then went into committee of the whole ^Mr. Robinson in 
the chair) on the consideration of the bill, and having considered the 
same, rose and reported it back with sundry amendments, recommending 
their adoption and the passage of the bill, and asked to be discharged 
from further consideration of the subject 
, Which was granted. 

The amendments reported by tfte committee of the whole were then 
concurred in by the Uouse. 

Mr. Wells moved to amend the forty-first section, by striking €>ut the 
word " two " and inserting the word "three." 

On which the ayes and nays were demanded. 

And the amendment wj^ lost by the following vote : 

'*•* AYES. 



Messrs. Blake, 


Messrs 


. Maodevillf 


Crenshaw, 




McKamy, 


Herbert, 




Owen, 


Hoff, 




Rogera, 


Hunt, 




Thomas, 


Kittredge, 

Knight, 

Letcher, 




Tilghman, 
Wells— 16 








IfATB. 




Messrs. Bostwick, 


Messrs 


. Hally, 


Brush, 




Harrison, 


Cabaniss, 




Irwin, 


Cannej, 




Mereditih, 


CaAart, 




Reading, 


Conness, 




Robinson, 


Estep, 
Garfield,^ 




Wing— 16 



The bill was then read a third time and passed.' 

Mr. Thomas, from the Committee on Engrossed Bills, reported as cor- 
rectly engrossed. An Act to provide for the uicorporation of Wagon*Road 
Companies ; 

An Act to amend the Fourth Section of an Act respecting fugitiveii 

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from labor, and slaves brought to this State prior to her admission into the 
Union, approved April 15, 1852 ; 

Also, An Act amendatory of an Act etitled an Act to Incorporate the 
City of Sacramento, pass^ 1851. 

And the report was adopted. 

Mr, Bostwick, from the Joint Committee on EnitiUed Bills, reported as 
correctly enroMed, An Act to authorize Ihe Comptroller to audit the 
accounts of tho President of the Board of Trustees of the Stockton State 
Hospital. 

And the report was adopted. ... . . 

Mr. Crenshaw, on leave, introduced la bill for An Act ametidatory* ofUh 
Act eatitied an Act authorizing the Treasurer of State! to issue B6nds i5r 
the pa9rtient6f;thle Mariposa,, Seeond/ El Dorado, Utah, lios Angeles, 
Clear Lake, Klamath, Trinity iCnd^ Mont^iciy Ezpeditidns agaitist th^ 
Indians, passed May 3d, 1S52. a ,. . .>. < 

Whii^h was read a first and second time, and referred to the Committee 
on IndianTlflfairs. 

Cki motion of Mr. Garfiel^, Senate hill for An Act to authorise the 
Pacific Mail Steamship Company, to hold,, use and occupy, certain lanfiS 
in the City of Benicia, wus> t9ken from the table and made the special 
order for Tuesday, April 19, 1853, at 12 o'clock, M. : >, 

Mr. McCaudless submitted the following report relative to t^ie M'aine 
Liquor Law. (See Appendix, No. 46.) ^^ 

Which was read, atid^ with the accompanyii»Hl, laid on the table,. , 

On motion of Mr. Rolanson, the Judiciary ^pmittee was instructeg^. 
to report back to this House the bill for An Act to legalize certain Records ' 
in the County of Sacramento, ^ . : . ,» 

Mt Pally moved that the. Judiciary Comnaittee be instructed to report 
back the bill iu relation to Settlers oh Private Lands. 

Wliich was agreed to. 

On motion, at 3 o'clock, P. M., the House adjourned. 



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4M DiogwimM 

HOUSE OF ASSEMBLY. 

Monday, Aprfl 11, 1853. 

The House met pursuant to adjourmnent. 

Mrw Oannej, Spealceri?!^ tern, in the chair. 

QSie foli w«B ealled by the Olerk, and the foUowiag meaben irere abeent : 

Mesen. Bell, Blake, Bostwick, Cabaniss, Gardoco, Fairfax, Gardnery 
Hally, Herbert, Hunt, McCandless, McMeans, Rogers, Smith, Walker, 
Wing and Yeiser. 

On motion, leaye of absence was granted for one day each, to Messrs. 
Fairfax, Bell, Hally, Blake, Pacheco, Gardozo and Bostwiok. 

The Journal of Saturday last was read and approyed. 

Mr. Gnighman submitted a Goneurrent Resolution, directing the Secretary 
of State to deliver to each member of the Legislature, one copy of the Jour- 
nals of the Assembly and Senate of 1852. 

Which was read and adopted. 

Mr. Letcher submitte||^resolution grafting the use of this Assembly 
room, on to-morroW cvlH^,* to Bishop Ames, for Hie purpose of holding 
divine worship. ▼^ ' 

Which was read and adopted. 

On motion of Mr. Grenshaw, Assembly bill for An Act to amend an Act 
entitled an Act to provide for the levying, assessing and collecting Public 
Revenue, approved April 23, 1852, made the special order for this day waa 
taken up. 

The House then went into committee of the whole (Mr. Wells in the 
chair) on the consideration of the bill, and having made some progress there- 
on, rose, and reported the same, and asked leave to sit again. 

Which was granted, and the bill laid on the table. 

On motion of Mr. Gbnness, the Resolution declaring Horace W. Garpen- 
tier entitied to a seat as a member of Assembly from the county of G<mtra 
Gosta, was taken from the table. 

The following testimony in the case was then read^' (See Appendix, No. 
470 

Mr. Proctor then submitted the following as a substitute for the ori^pnal 
resolution: 

Eesolvedj That Mr. Garpentier be now requested to come forward and 
take his seat as member of this Assembly. 

Mr. GrenshjLw then submitted the following testimony, which was read. 
(See Appendix, No. 48.) 

Mr. Crenshaw moved that the papers relative to the seat of H. W. Gar- 
pentier be referred to the Gommittee on Elections, with instructions to ex- 
amine into the whole facts of the case, and asceitein if possible, why the 

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April 11.] 



408 



Clerk of the county of Contra Costa has not issaed the certificate dl elec* 
tion in the case. 

Which was not agreed to. 

The question then recorring on the adoption of the resolution submitted 
by Mr. rroctor. 

On which the ayes and nays were demanded, and the resolution was 
adopted by the following rote : * 

▲YES. 



Messrs. Brush, 


Messrs. Letcher, 


Oanney, 

Garhart, 

Gonness, 

Estep, 

Ewing, 

Garfield, 


Martin, 
McFarland, 
McKamy, 
McMahon, 
OBrer, 
, Owen, 


Harrison, 


Proctor, 


Hoff, 

Irwin, 

Johnson, 


Bedding, 
Robinson, 
Thomas, 


Kittredge, 
Knight, 


Tilghman, * 
•Wells— 26. 

NAYS. / 




Messrs. Covamibias, 


Messrs. McGrarry, 


Crenshaw, 


Reading--^ 


Meredith, 





Mr. Carpentier then came forward, was sworn by the Speaker pro Um^ 
and took his seat as a member of this House, 

On motion, at 10 o'clock, P. M.^ the House adjourned. 



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m CPP«w.y. 



HOUSE OF ASSEMBLY. 

Tuesday, April 12, 1853, 

The House met •piii]snapl to iidjoumment. 

Mr. McCaiiney, Speaker pro tern., in the chair. 

The roil was cjalied by the Clerk, aud the following members were 
absient: 

Messrs. Blake, Carbart, Cardozo, Covarrubias, Fairfax, Gardner, Hallv, 
Hunt, Knight, McCapdless, McMcans, Tilghman, Walker, Wing and 
Yeiser. 

On motion, leave of absence for one day was granted to ]Hessrs. Blake 
and Cardozoj to Mr Hunt three days, and to Messrs. Smith, Wing and 
Pacheco indefinite leave was granted. 

The Journal ot Monday last was read and approved. 

Mr. Meredjrh presented the petition of J. H. Panly, relative to legaliz- 
ing certain deeds made by Isaac Wilson and J. H. Tan Uouten, in the 
town of Eureka. \ 

Which was read, and inferred to the Judiciary Committee. 

Mr. Rogers, from the Committee on Indian Affairs, reported back Sen- 
ate bill for An Act anthorizing the Treasurer of the State to issue Bonds 
for Ihc payment of the expenses of Volunteer Rangers under Capt. B. 
Wright and Charles McDermitt, in protecting the overland emigration on 
the north-eastern frontier, and recommended that it be passed. 

The House then went into committee on the whole, (Mr. Oliver in the 
chair,) on the consideration of the bill, and having considered the same 
rose and reported it back withotitamendpnent, and asked to be discharged 
from further consideration of the subject 

Which was granted. - 

Mr. Brush moved to amend the fourth section by striking out " March 
17, 1851," and insert the words "May 1, 1852." 

On which the aye^ and nays were demanded, and the amendment was 
lost by the following vote : 

ATES. 



Messrs. Bostwick, 


Messrs. Irwin, 


Brush, 


Letcher, 


Cannej, 


Meredith, 


Carpentier, 


McGarry, 


Conness, 


Owen, 


Covarrubias, 


Thomas, 


Hoff, 


WeUs— 14 



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Google 



^Bfl.12.] 



m 



H>T8. 



Mejsnrs. CabaDiss, 


M^wrs. M^urtin, 


Carhart, 


McFarland, 


Creosbaif, 


McMahon, 


Estep, 


McMeans, 


Ewing, 


Oliver, 


Harrison, 


Proctor, 


Herbert, 


Reading, 


Huse, 


Bobinson, 


JobueoD, 


Rogew— 19. 


Knight, 





The bill was then read a third time, and passed by the following vote : 



ATSS. 



Messrs. Cabaniss, 


Messrt. Martin, 


Carhart, 


McFarland, 


Crenshaw, 


McMahon, 


Estep, 


McMeans, 


Ewing, 


Oliver, 


Harrison, 


Proctor, 


Herbert, 


Beading, 


Huse, 


Bobinson, 


Johnson, 


Bogors, 


Knight, 


Tilghman— 20. 




NAYS. 


Messrs. Bostwick, 


Messrs, Kittredgo, 


Brush, 


Letcher, 


Cannej, 


Meredith, 


Carpender, 


McGarry, 


Gonness, 


Owen, 


Covarrubias, 


Bedding, 


Garfield, 


Thomas, 


Hoff, 


WeUs— 17. 


Irwin, 





Mr. Bedding, of Yuba, from the select committee, reported back Assem- 
bly bill for An Act prescribing the time at which county and township 
officers shall enter upon the duties of their offices, with amendments, and 
recommended that it be passed. 

The report was adopted, and the bill laid on the table. 

Mr. Bogers moved that the Committee on Counties and County Boun- 
daries be instructed to report back, on to morrow, the bill for An Act to 
create the county of Mokelumne, and provide for the organization of the 
same. 

Which was agreed to. 



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4d6 [TraBDAT, 

Mr. McMeans, on leave, introduced a bill for An Act to provide for the 
iuspection of Beef and Pork. 

Which was road a first and second time, and referred to the committee 
of the whole House, and laid on the table. 

Mr. Bostwick submitted the following report, which was read and 
adopted : 

Mr. Speaker: 

• 
The Joint Committee on Enrolled Bills report that they have examined 
and find correctly enrolled. An Act to authorize the Secretary of State 
to procure the translatipn and lithographing into the Chinese language 
of the Act to provide for the protection of Foreigners, and to define their 
liabilities and privileges. 

JOHN H. BOSTWICK, 

Assembly Committee. 

Mr. Bostwick submitted the following report : 
Mr, SpecJcer: 

The Joint Committee on Enrolled Bills, report that they have this day 
presented to the Governor for his approval, 

An ActYor the relief of A. G. Hartt, M. D. ; 

Also, An Act to authorize the Comptroller to audit the accounts of the 
President of the Board of Trustees of the Stockton State Hospital ; 

Also, An Act to separate the office of County Recorder, from the office 
of Couuty Clerk in the county of Yuba ; 

And, An Act to authorize the Secretary of State to procure the trmsla- 
tiou and lithographing into the Chinese language, of the Act to provide 
for the protection oi Foreigners, and to define their liabilities and piivile- 
ges. 

JOHN H. BOSTWICK, 

Assembly Committee. 

Mr. Conness, on leave, introduced a bill for An Act to amend an Act 
concerning the office of County Assessor, passed March 27, 1850. 

Which was read a first and second time, and referred to the Commit- 
tee on Ways and Means. 

The following message was received from the Senate : 

Mr. Speaker: 

The Senate, on the 6th inst., refused to pass Assembly bill for An Act 
recommending to the electors to vote for or against calling a convention 
to revise and change the entire constitution of this State ; 

And passed on the 8th inst.. 

An Act to amend to an Act to establish a standard of Weights and 
Measures, passed March 30, 1850 ; 

And passed this day, 



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jkn Act to fix the compeDsation oi County Judges and Associate Justi- 
ces of the Court of Sessions, and to repeal a like Act, passed April 22, 
1850. 

By order of the Senate. 

A. C. BRADFORD, 

Secretary. 
AprU 22, 1853. 

Senate bill for An Act to amend an act entitled an Act to establish a 
standard of Weights and Measures, passed March 30, 1850,, was then 
read a first time, and laid over under the rules. 

Senate bill for An Act to fix the compensation of County Judges and 
Associate Justices of the C6urt of Sessions and to repeal a like Act passed 
April 22, 1850, was then read a first and second time, and referred to the 
Judiciary Committee, with instructions to report on Thursday next. 

The following Annual Report of the Superintendent of Public Instruc- 
tions, was presented by the Speaker ; read, laid on the table, and two 
thousand copies ordered to be printed. (See Senate Appendix, No. 61.) 

On motion of Mr. Ewing, Assembly bill for An Act for the relief of 
Wm. Waldo, was taken from the table, considered in committee of the 
whole, reported back without amendment, and the committee discharged. 

The bill was then considered engrossed, read a third time, and passed. 

Assembly bill for An Act for the government and protection of Indians, 
made the special order for this day, was then taken up, and laid on the 
table. 

On motion, at 3 o'clock, P. M., the House adjourned. ' 



HOUSE OF ASSEMBLY. 



Wbditesday, April 18, 1858. 

The House met pursuant to adjournment. 

Mr. Catmey, Speaker pro tern., in the chair. 

The roll was cidled by the Clerk, and the following members were ab- 
sent: 

Messrs. Blake, Gaboniss, Carpentier, Gardozo, Fairfax, Hally, Johnson, 
«Dd Walker. 

On motion, leaye of absence for three days was granted to Mr. Johnson 



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to Mt. Cabatuss for one week^ and to MteHn. Btake and Cardoso fbr^i^ 
remainder of this week. 

The Journal of Tuesday last was read and approved. 

Mr. Robinson presented the petition of the Common Council of the dtjof 
Sacramento, praying for certain amendments to the charter of that city. 

Which was read, and referred to the members from Sacramento county. 

Mr. Conness, from the Committee on Claims, reported a bill for An Act 
to proyide for the payment of certain persons therein named, for work done 
and materials furnished. 

Which was read a first and second time, considered in committee of the 
whole, reported back without amendment, the committee discharged, aiid' 
the rules suspended. 

The bill was then read a third time and passed, 

Mr. Letcher gave notice that he would, on to-morrow, move to change 
the hour of meeting of this Hbuse. 

Assembly bill for An Act amendatory of an Act entitled an Act to incor- 
porate the city of Sacramento, passed 1851, was then taken up, read a third 
time, and passed. 

Senate bill for An Act to amend an Act entitled an Act to establish a' 
standard of Weights and Measures, passed March 30, 1850, was then read 
a second time, and laid over under the rules. 

Senate bill for An Act to provide for the payment to Beverly C. Sanders, , 
of expenses incurred by order of the Governor in December, 1851, for the 
suppression of Indian hostilities in the county of San Diego, was then taken 
up, read a second time, considered in committee, of the whole, the committee 
^charged, the rules suspended, and the bill read a third time, and on tht 
question, ^' Shall the bill now be passed ?" 

The ayes and nays demanded, and the House passed the biU by the fol- 
lowmg vote : 

ATES. 



Messrs. Bostwick, 


Messrs. 


Letcher, 


Canney, 






Carhart, 




McCandless, 


Conness, 




McKamy, 


Covarrubias, 




McMahon, 


Crenshaw, 
Estep, 




Mvres, 
Oliver, 


Ewing, 




Beading, 


Gkurdner, 




Beddmg, « 


Hoff, 




Robinson, 


Huse, 




Wilson— 28. 


Knight, 


VkTS. 




MeMH. B0U, 


Meisinl. MirocBtb, 


Brush, 




Owen^ 

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Mesns. QArrhoa, Meaitt. Btgens . 

Herbert, >, Wdta-^. 

•Kittredge, * .• '- < > .. ^ -i. .•[ 

AflsemUj bSl far An A«t io fnni tke floating dcj^t of th^'ooontj of Sa- 
cramento^ and to provide i{br:tbe payment of the aai&e, wa$ tken take$. ^y 
read a third time, axKt passed. ^ » ■ i • ' ) 

The vote bj whieh the bill «ra» passed was oubsequQotly necoiisid^red, 
and the bill laid on the table. 

^ Mr. Redding, of Tuba, frbm the fieleot committee of one from «ach pf ttie 
miuing counties, introduced a bill for An Act to provide for the enactment 
and preservation of local mining laws* 

^V hich was read a first and second time, and referred to the Committee 
on Mines and Mining Intef efts, i . . 

On motion of Mc^ McMeans, AssemUj bill for Aa Aot entitled an Act 
to provide for theievjihg, assessing, and collecting of the public revenue, 
approved April 23, 1852, was taken from the tabla. 

The House thea we^nt into committee of the whole, (Mr. Herbert in the 
chair,) on the ooosideration of the bill, and having considered the same, rose 
and reported the same back with amendments, and asked \o be discharged 
from further ccnsideration of the subject. 

Which was granted. 

The bill was then laid on the table, and made the special ordei: for Fri- 
day next, at 11 o'clock, A. M. 

Mr. McCandlesfl submitted a Concurrent Resolution, fixing a time for the 
election of Phyaioiana for the State Hospitals at SaaF-fancisoo, Sacramento, 
and Stockton. 

Which was read and laid on the table. 

Mr. Owen submitted the following resolutbn, which waa read, and laid en 
the table: 

Besolved^ ThatAO new businesa be recnved into this. Bouse after the 
19th day of this OMnthl 

Assembly bill for An Act to apportion the Senatorial and Assembly Dis- 
tricts of this State, made ihe special ordes for tfiia day, waa tbj^artalifpd up, 
and made the special order for Wednesday nextt April 20,, Ij^S, at 12 
o'clock, M. , •^. ,;( I 

On motion of Mr. Crenshaw, Senate bill for An Act in relation to the 
interest on the funded debt of 1852, was taken from the table, and referred 
to the Committee on Ways and Means. 

Mr. Thomas, from the Comnuttee on Engrossed Bills, reported as cor- 
rectiy engrossed. An Act for the relief of W^am Waldo. 

And the report was adopted. 

On motion of Mr. McMeans, the Committee on Public Buildings and 
Grounds were instracted to report back to this House on Moilday next, As- 
sembly bill for An Act to establish an Asylum for the Insane. 

On motion of Mr. Brush, Assembly bill for An Act concerning the Sala- 
riiss of Officezji and Pay of Members of the Le^ature, was taken from the 
taUe. 

•62 

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The House than MUt iato cemmittee of the vhole^ <lyfaL' Regnifn the 
ehair,) on the toneidei^tion of the bill, and having eonMde^ the same, 
rose and reported it back with amendments, and asked tc^-^be discharged 
from farther consideration of the subject, which was granted. 

Mr. Btedding of Yttbia, mored a eaUnof the Hbose, whitih was sosUSned, 
'^'ittiA 00 the itoll: being called, the foUosring mambeBSwere ahsex^: Mssbbb. 
^Carhart, Conness, Estep, Garfield, McMidion, and BidiinseB. 
• ' dti-^iotion^ ifurttier |)»dceedingi lui^erilhe call wieve diapepsed with. 

Mr. Thomas moved to adjourn, on which the ajes andnajfs wtoi' 
'«a, a^ Ibe Qotise i^used «o adjonita by the fbllowmg vote: 



ATifra. 



M^sfre. Bell* 

Leidte, 

McGandle^, 

M<S6tey, 

McKamy, 

MclCii«to<, 



MeisVi* ProMeir^ 
Rea^gy 

Wells, 

Wflson, 

Yeise»^t8. 



HATS. 



Mestn. Brush, 

Obvambte, 
Crenshaw, 



-Bwbig, 

Harrison, 

Herbert, 

fioff, 

Huse, 

Eittredge, 



M«6sb.Kmffbk, 
Leteherv 
Mutin, 
Meredith, 

Ofiver^ 

Owen, 
Bedding, 



Tilghman— 22. 



mr;^PMl9t<ir ttieveA \i^\hf die Ui^ obthoitdble. 

Whkii* was not aibeed to. 

On motion, at 4 o^clock, P. M., the House adjourned. 



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THUBgDAT, Api^ Hy 1858. 

The House met pursuant to adjournment. 

Mr. Caanej, Speaker j9r» ^«m., in the ckair. 

The roll was called bj the Clerk, and the following members were {(^i, 
absent: 

Messrs. Carpentier, Govarrubias, Fairfax, Irwin, Leake, Meredith, Mc* 
MAm, BCeeire, Tilgbman and Walker. 

Od modoD, leave of absence for one daj each was granted to Messrs. 
Me^dith, rnighman, Irwin and HaUy ; to. Mn Qattt tak tbrQ^\4%J«t 

The Joimal of Wedneddky kst was read akid approTod* * 

Mr. Teiser submitted the fbHowii^ report : ; 

The Judiciary Committee beg leave to report back An Act to limit the 
application of an Act to regulate proceedings in civil cases in the Courts of 
Jostice of this State, passed April 29th, 1851 ; 

An Act to amend an Act ecmoemmg Corporations ; and 

A Bill for An Act fot the protection of persons who ma^y settle upon 
private lands in this State, without recommendation. 

The committee recommend the passage, without amepdo^ent^ of a bill to 
be entitled An A«t to provide a Library for the Supreme CoMvii'; also^ 

An Act to provide for enforcing tiie collection o^ taxes on consigned 
goods; and 

An Act to amend an Act entitled an Act dividing the State into counties' 
and establishing the Beats of Jiuftice therein, passed April 25tlv 1.851. 

They also recommend the passage of An Act to fix the cpoyensaiion of 
Coanty Judgee avd Associate Justices of the Court of Ses^oi;!^; and to re-^ 
peal a like Act^ passed April 22d, 1851, with the. foUowiag^mendments 
thereto: .-. 

First : Amend third division of Section 1, by inserting, afber ^^ Maripo- 
«a,'* the words " Placer, San Joaquin." 

Second : Strike out the fourth division of Section 1. 

Third: Strike oiKk the word ^' Placer," in the fifth ^visioA^f Section 1. 

Fourth : Amend the numbers of tho sub-divisions of Sectio^ 1. 

Fifth : Amend Section 3, by striking out '^ five," in the secfond line, and 
iaaerting " eight.-^-- Also, strike out " San Bernardino," in same section. 

Sixth : Amend Section 4, by inserting, after the word " office," in sec- 
ond line, the words " except the County Judge of the county of Placer, 
^ shill, fioip and after tiM^ pMlagft 6f tUa Aei^ re9eive the amount as 
provided in thia Act." 



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Your coimnittee hare also carefully considered, Au Act to fix flie eon^ 
pensation of certain officers in the county of Siskiyou ; 
• An Act to amend an Act to fix the compensation of County Jndges and 
Associate Judges of the Court of Sessions, passed :^2d April, 1850. 

An Act to provide for a change of venue in certain cases; 

An Act in relation to personal mortgages in certain cases ; 

A bill for An Act to authorize poor persons, in certain cases, to prosecute- 
suits without the payment of costs ; and 

A bill for An Act to define the jurisdiction of counties separated by riv* 
ers and water courses. 

And report the same back, with a recommendation that they be Bot 
piassed. 

AH of which is very respectfully sulMnitted, 

FRED. Y£ISER, Chairman. 

Assembly bill for An Act to Kmit the application of an Act to regulate 
proce^ngs in civil cases in tlie Courts of Justice of thia State, passed 
April 29th, 1851, was then read a third time ; and, 

On the question, ^' Shall the bill now be passed ?" the ayes and nay» 
were demanded, and the House refused to pass the bill by the following 
Tote: 



AT 159. 



Messrs. 



Messrs. 



Bell, 


Messrs. McMeansy 


Brash, 


Myres, 


Hoff, 


Rogers, 


Kittredge, 


Smith, 


McGarry, 


Wibon— 10. 




KAYS. 


Canney, 


Messrs. Martin, 


Oarhart 


McCandless, 


Conness, 


McFarla&d, 


Covarrubias, 


McKamy, 


Crenshaw, 


Oliver, 


Estep, 


Owen, 


Ewing, 


Proctor, 


Gardner, 


Reading, 


Garfield, 


y Robinson, 


Harrison, 


Thomas, 


Herbert, 


WeUs, 


Huse, 


Wing, j 


Knicht, 
Letcner, 


Yeiser— 27. 1 


1 



Assembly biH for An Act to amend 
tlien taken up, and laid on tho table. 



I Act coBoeniing Corporations, was 

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j|niLl4.] 413 

AjBsmaMy bill for An Aet &r the protection of persons who may set4e 
xqiOB private lands in this State, was then taken up, and laid on the taUe. 

Senate bill for An Act to provide a Library for the Supreme Court, was 
then taken up, and laid on. the table. 

Assembly bill for An Act for enforcing the collection of Taxes on con- 
Bigaed goods, was then taken up ; it was considered engrossed, read a third 
time, and passed. 

Assembly bill for an Act to amend an Act entitled an Act dividing the 
State into counties and establishing the Seats of Justice therein, passed 
April 25th, 1851, was then taken up, considered engrossed, read a third 
time, and passed. ^ 

Senate bill for An Act to fix the compensation of County Judges and 
Associate Justices of the Court of Sessions ; and to repeal a like Act passed 
April 22d, 1850, was then taken up, amended, read a third time and 
passed. 

Assembly bill for An Act to fix the compensation of certain officers in the 
county of Siskiyou, was then taken up, and laid on the table. 

Senate bill for An Act to amend an Act to fix the compensation of Coun- 
ty Judges and Associate Justices of the Court of Sesnons, passed April 22, 
1850,* was then taken up, and indefinitely postponed. 

Assembly bill for An Act to provide for a change of venue in certain 
cases, was then taken up, and indefinitely postponed. 

Senate bill for An Act in relation to personal mortgages in certain cases, 
was then taken up, and indefinitely postponed. 

Senate bill for An Act to authorize poor persons in certain cases to prose- 
cute Suits without the payment of costs, was then taken up and indefinitely 
postponed. 

Senate bill for An Act to define the jurisdiction of counties separated by 
rivers and water courses, was then taken up and indefinitely postponed. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled, An Act supplementary to an Act regulating Public Fer- 
ries, passed March 18, 1850. 

Also An Act for the relief of Wm. Aikenhead, County Treasurer of 
Santa Clara county. 

Also An Act to provide for the formation of Corporations for certain pur- 
poses. 

And also An Act in relation to Clerks in the office of Secretary of State, 
and to provide for their pay, and the report was adopted. 

Mr. Covarrubias, from the Committee on Military Affairs, reported back 
Senate bill for An Act authorizing the Treasurer of the State of California 
to issue bonds for the payment of the Fitzgerald Volunteers, serving under 
Major Fitzgerald in the county of San Diego, with a recommendation that 
it be referred to the Committee on Claims. 

The report was adopted, and the bill referred as recommended. 

Mr. Herbert, from the Committee on Military Affairs, submitted the fol- 
lowing Report : 

• 

Mr. Speaker:' 
The Committee on Military Affiurs, to whom was referred a Joint Reso* 

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414 [TabBaoAYv 

Ittfion requniiig the Comptroller to draw his warrai^t for five tiu^ttfland-dol- 
lare in favor of any person or persons oapturing the Rohber Joaqnhi, with 
instructions to present ^' bill, hare had the same under consideratiim, and 
ask leave to report the following bill and recommend its passage. 

Assembly bill for An Act reqniring the Comptroller of State to draw Hb- 
warrant for a certain sum in favor of any person or persons arresting or 
capturing the Bobber Joaqum, wa& then read a first time, and laid oo Hie 
table. 

Mr. Covarrubias, from the Committee on Military Affieiirs, submitted the 
following report, relative to the resolution for the capture of Joaquin. (See 
Appendix, No. 49.) 

Which was read, and -with the bill, laid on the table. 

Mr. Gardner, /rom the Committee on Mbes and Mining Interests, re^ 
ported back Assembly bill for An Act to provide for the enactment and pfe- 
servation of local Mining Laws, and recommended its passage. 

The House then went into committee of die whole (Mr. Proctor in the 
chair,) on the consideration of the bill, and having made some progress 
thereon, rose, and reported the same and asked leave to sit again. 

Which was granted and the bill laid on the table. 

Mr. McMeans, from the Committee on Ways and Means, reported back 
Senate bill for an Act in relation to the interest on the Funded debt of 1858, 
with an amendment and recommoaded its passage. 

The bill was then considered, amended, read a third time, and paased. 

Mr. Robinson submitted the Mowmg report : 

Mr. Speaker : 

The Representatives from Sacramento, to whom was referred the petition 
of the Mayor and Common Council of the city of Sacramento, ask leave to 
report back the said petition, and a bill in accordance with the prayer there*' 
of, and recommended tho passage of the bill. 

All of which is respeotfiilly submitted. 

R. ROBINSON, 
For the Committee. 

Assembly bill for An Act supplementary to an Act to incorporate the oily 

of Sacramento, passed 1851, was then read a first and second time^ the 

' rales suspended, it was then considered engrossed, read a third time and 



Mr. Bostwick submitted the following report : 
Mr. Speaker: , 

The Joint Committee on Enrolled Bills report t^^t 'they have, this day, 

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ikmNLiin 416 



<pre9i&led tS the Ooternor for Ins appiKyral, An Act supplemeiktary U> an 
Act regulating Public Ferrii^s, passed March 18, 1850 ; alae 

An Act for the relief of Wm. Aikenhead, County Treasurer of the county 
of Santa Clara ; also 

An Act to proride for the formation of OorporatioDs for eortain purposes ; 
and 

An Act in relation to Clerks in the office of Secretary of State, and to 
provide for their pay. 

JOHN H. BOSTWICK, 

One of AssemUy Committee. 

^ Mr. McCandless, from the Select Committee, reported back AssemUy 
bill for An Act to Fund the debt of the county of Sutter, and provide for 
tbe payment thereof, and recommended its passage. 

The report was adopted, and pending the consideration of tiie b31, 
On motion, at 8 o'clock, P. m., the House adjourned. 



HOUSE OF ASSEMBLY. 

Friday, April 16, 1853. 

I 

The House met pursuant to adjournment. 

Mr. Canney, Sp^er, pro tern., in the chair. 

The roll vas called by the Clerk, and the following members were 
absent : 

Messrs. Bell, Bostxvick, Carhart, Carpentier, Covanubias, Crenshaw, 
Fairfax, Gardner, Garfield, Knight, Meredith, McCandless, Moore, Myres, 
Oliver, Readtog of Trinity, Smith, Tilghman, Walker and Yeiser. 

On motion, leave of absence for the remainder of this we6k was granted 
to Messrs. Walker and Tilghman ; to Mr. Wing, for three days, and to 
Mr. Wall until Tuesday next 

The Journal of Thursday last was read and approved. 

Mr. McMean% from the Committee on Ways and Mean^ reported back 
Assembly bill for An Act to amend an Act concerning the office of County 
Assessor, passed March 27th, 1860, with amendments, and reconunended 
that it be passed. 

The report was adopted. 

And biu was then ax^e^ndod, considered engrossed, re^d a third and 
pasaed. 



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416 



[Tbchbdat, 



Mr. Letcher, agreeably to previous notice^ submitled the foUowiog res- 
olution, which was read and adopted : 

Resolved, That there shall be held, for the n^mainder of the piesmt 
session of the Legislature, a forenoon session, from ten o'clock, A. M. to 
one o'clock, P. M, ; and an afternoon session, commencing at three, 
o'clock P. M. 

Mr. Ewing, from the C!ommittee on Counties and County Boundaries, 
to whom was referred Assembly bill for An Act to create the County of 
Mokclumne, and provide for the organization of the same, reported the 
same bock with amendments, recommending their adoption and the pas- 
sage of the bill. 

On motion of Mr. Oliver, the report was adopted, and the House pro- 
ceeded to consider the bill. 

The first amendment to section one, to insert after the word " Cala- 
veras," the words " and the County of El Dorado," reported by the com- 
mittee, was agreed to. 

Mr. Rogers then moved to adopt the second amendment to the first 
section, to insert in the twelfth Une after the word "to," the words "a 
point directly east of the source of the south fork of the Cossumne River, 
thence west to the source of said rivar, thence down said river to." 

On which the ayes and nays were demanded. 

And the amendment was adopted by the following vote : 

AYBS. 



Messrs. Brush, 


MessxB 


. Letcher, 


Canney, 




Martin, 


Covarrubias, 




McFarland, 


Crenshaw, 


• 


Myres, 


Estep, 




Oliver, 


Gardner, 




Owei, 


Garfield, 




Proctor^ 


Harrison, 




Bedding, 


Herbert, 




Robinson, 


Hoff, 




Rogers, 


Huse, 




Thomas, 


Irwin, 




Wells, 


Johnson, 




Wilson— 27, 


Kittredge, 


KAV8. 




Messrs. Bostwick, 


Messrs. 


McMeans, 


Conness, 




Yeiser-fi. 


Leake, 







On motion of Mr. Leake, the House then went into committee of tho 
whole (Mr. Hoflfin the chair) on the further consideration of the bill, and 



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Ann. ae.] <A17 . 

having made some progress thereon, the committee rose^ tepiorted ^ 
same, and asked leave to sit again. 

Which was graatefd, and the biU was laid on the table, 

Mr. Thomas, from the Uouimittee on Engrossed Bills, reported as cor* 
rectly engrossed, An Act to amend an Act entiibi an Act diviJing tha 
State into Counties and establishing the Seals of Justice therein, passed 
April 2a, 18">1; 

Also, An Act snppleroentajry to an Act to Incorporate the City of Sac»r 
mento^ passed 1851; 

Also, An Act to provide for enforcing the collection of Taxes on Coo- 
signed Goods. 

And the report was adopted. 

Mr. Robinson presented the memorial of the Mayor and Common 
Council of the .City of Sacramento, praying for the re-erection qf a State 
Hospital in that city, on the site of the one destroyed by the conflagration 
of 1852. 

Which was read, and referred to the Committee on State Hospitals. 

Mr. Bastwick submitted the following report, which was read and 
adopted : 

Mr. Speaker: 

The Joint Committee on Enrollment report that, they have examinrd 
and found correctly enrolled, An Act to provide for the payment of Beverly 
G Saunders' expenses incurred by order of the Governor, in December, 
1851, for the suppression of Indian hostilities in the County of San 
Diego; 

And also, An Act authorizing the Treasurer of the State to issue Bonds 
for the payment of the expenses of Volunteer Rangers and Captain B. 
Wright and Charles McDermitt, in protecting the Overland Immigration 
on the north-eastern frontier. (An erasure having been made in the 
third line of section three, of the words " again examined," and these 
words again re-written. 

X H. BOSTWICK, 

Assembly Committee. 

A message was received from the Govemer informing the Assembly 
that he didl on the 12th inst., approve An Act to separate the office of 
County Recorder from the office of County Clerk in the county of Yuba. 

A message was received from the Senate informing the Assembly that 
they did on yesterday pass Assembly bill for An Act amendatory of 
an Act to inoorporate the city of Sacramento ; 

And that they had passed with an amendment. 

Assembly bill for An Act to amend an Act respecting fugitives (rom 
labor, and slaves brought to this State prior to her admission into the 
Union, appr -ved April 16th, 18c® ; 

Assembly bill for An Act to ainend an Act respecting fugitives frp^i 
labor, and slaves brought to this State prior to her admission into the 
Union, approved April 15th, 1852,, as amended by the Senate was then 
taken up, and the Senate amendments concurred iif. ,, > 

The following message was received from the Senate : 
*68 

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. 4n t?Mif^ 

The Senate pass^ yesteJrday, Att Aet to ptoriiie fer tto pavnimt of 
t^T^sAti j^ti^DS tfaelrein naioied, for senrietee Tendered and imiteiial furnish- 

An Act to ameiM an Act ^concerning Toll Bridges ; 

And Assembly bill for An Act to ascertain and provide lor tihbpayineDt 
6f the ^ebt doe from Sierra county to Yuba county ; 

And postponed indefinitely, this day, Assembly bill for An Act fer^ 
¥Mi^f of LaV^i^nbe MdM^hon. 

By order of the Senate, 

A. O. BRADFORD, 

Secretary. 
April 14, 1853. 

' ^etakte bill for An Ait to provide ifor the payment of certain persons 
therein named, for services rendered and material furnished, was then 
taken up, and read a first and second time, and referred to the Commit- 
tee on Claims. 

Senate bill for An to amend an Act entitled an Act concernini^ Toll 
feridges, Wals then taken tip, read twice, and referred to the Committee on 
iRoads and Righ^ys, 

A taed^^ vtras rec^ivie^d fVom th'e Senate requesting the Assembly to 
tetiirh to the Senate Assembly bill fbr An Act to ascertain and provide 
for the payment of the debt due from Sierra county to Yuba county. 
''• 'The toBotving ftiessige was reteived from the Senate on yesterday 
ihA laid oh the Speaken table. 

The Senate passed yesterday with an amendment, Assembly bill for 
An Act concerning ]^o4ds alid Highways ; 

KtiA A^sigmbly Joint Resolution in relation to the Harbor of Santa Bar- 
bara; 

And dbhciirrfed this dky, in Aisemtdy amendments to Senate bill for 
An Act to provide for "the incdrporatioh of Railroad Companies. 

By order of the Senate, 

A, C. BRADFOIRD, 

SecretaiV. 
' l&th April, 1863. 

Assembly bill for An Act concerning koads ahd Highways, as amended 
by the Seriate, was ihfen tak6n up, and the amendment conburred in. 

A'ssl^mbly Ml for An Act to provide for the measuren.ent of Lumbet, 
^s th6n tiiken up and laid ion the table. 

On motion of Mr. Holff, the vote by ^hich Senate bill for An Act in tt- 
lation to Personal litbttgfagefs in cieftaih inases, wa1s indefinitely postponed, 

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was reeoBsideied and recommillad lo (Imi j^di(Qary..(;%>i!^04t^, Yfith 4iir 

siructioDS to strfke oul from the bill everything relating to mining claimfl. 

The Speaker pro tem. then stated the, hour foe the taking up of the 
qpecial order had arrived. 

When Mr. McMeans moved that Assembly bill for An Ap^^^^^d* 
an Act entitled an Act to provide for the levying, assessing and collecting, 
Public Revenue, approved April 23, 1862, made the special order for 
this day, be now taken up and ccHisidered. 

Which was agreed tc^ and the House proc6e4ed to consid^er the bill by, 
sections. . ^ -' 

Mr. Robinson moved to amend the first section by striking outthej 
word " forty" and inserting the word " eighty." . - A 

Which was agreed to; 

The Speaker pro tem« slated th^t the ly>ur of I o'clocks R ^.J had ^, 
rived, and the Ekouse took a recess until 3 o'clock, P» M- 

The House re-assembled at 3 o'clock, P. M, 

Mr. Canney in the chair, ^ 

The Ohair stated that there /was no. quorum pveseut^ 

Mr. Hoff moved a call of the House^ which wa9^^i)^^,^f)j,4i9d on t)>^ 
roll being called the following iMOfibers w^re»at)Si^U: 

Messrs (Jarhart, Covarrubias, Fairfax, Garfield, Irwin, Leake, Mere- 
dith, McCandless, Reading of Trinity, Redding of Yuba, Rogers, Smith, 
Thomas and Wilson. 

The Sergeant-at-Arms was dispatched to bring the absentees to the 
bar of the House. 

Messrs. Refading of Trinity, Reddif»g of Yuba, and Rogers appeared 
at the bar of the House, were admitted, excused, and took their seats. 

Mr. Rogers Aoved that further pr9ceedings under the call be dispensed 
with. 

Which was agreed fp. 

A message was received from the Senate, requesting the Assembly to 
return Assembly bill for An Act amendatory of an Act to incorporate the 
city of Sacramento, passed 1851. 

Mr. Johnson moved that the request of the Senate be complied with, 
and that the Clerk be directed to return the bill to the Senate. 

Which was agreed to. 

Mr. Gardner moved that Assembly bill for An Act to ascertain and pro- 
vide for the payment of the debt due from Sierra county lo Yuba county 
be also returned to the Senate, in compliance with the request of the 
Senate. 

Which was agreed to. 

The bill pending at the time of taking a recess was again taken under 
consideration. 

Mr. Johnson submitted an amendment to the first section. 

Which was adopted. 

On motion of Mr. McMeans, the House then went int«. committee of 
the whole, (Mr. Owen in the chair,) on the further consideration of the 
bill, and having made some progress thereon, the Committee rose and re^ 
ported the same to the House, and asked'leave to sit again. 

Which was granted. 



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42(X [SATUSDMTy. 

Mr. Brii^ submitted the foltowing leiohition) which was read and 

adopted : 

At 
Resolved, That the Clerk of the Assembly be requested to return th& 
papers that belong to Mr. Warner, that the Committee on Claims had be- 
fore them. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled. An Act to amend an Act respecting Fugitives from 
Labor, and Slaves brought to this State prior to her admission into the 
ynion. 

And the report was adopted. 

Mr. Bostwick, from the same committee, reported that they had this 
day presented to the Governor, for his approval. An Act to amend an Act 
respecting Fugitives from Labor, aiMl Slaves brought to tjhis State prior 
to her admission into the Union, approved April 15, 1852. 

And the report was adopted. 

A message was receive^ from the Governor, informing the Assembly 
that he had this day approved An Act to amend an Act respecting Fugi- 
tives from Labor, and Staves brought to this State prior to her admission 
into the Union, approved April 15, 1'852. .^ . 

On motion, at 5 o'clock, P. M., the House adjourned. 



HOUSE OF ASSEMBLY. 

Saturday, April 16, 1853, 

The House met pumuant to adjournment. 

Mr. Canney, Speaker pro tern., in the chair. 

The roll was called by the Clerk, and the following members were absent ; * 

Messrs, Fairfax, Gardner, Martin, Moore, Robinson, Smith, Tilghraan, 
and Yflser. 

On motion, leave of absence was granted to Messrs. Robinson and 
Yeiser, for one day each. 
, The Journal of Friday last was read and approved. 

Mr. B'H presepted the petition often citizens of Mariposa, praying for 
a tertain change of the boundary line of said county. 

Which was read and referred to the Committee on Counties and Coun- ' 
ly Boundaries. 

Mr. Carpentier presented the memorial of citizens of Contra Costa 



Apbo. 16.1 421 

county, relating to the late division of said county, and for the creation 
of a now county. 

Which was read, and referred to the Committee on Counties and Coun- 
ty Boundaries. ' 

Mr. Carpentier also presented a petition of citizens of San Pablo in 
Contra Costa county, praying for another division of said coiuity. 

Which was read, and refeiTed to the Commutee on Counties and Coun- 
ty Boundaries. 

Mr. Carpentier also presented the petition of certain citizens of Contra 
Costa and Santa Clara counties, praying for the creation of a new coun- 
ty- . ' 

Which was read and referred to the Committee on Counties and Coim- 
ty Boundaries. 

Mr. Johnson presented the memorial of F. W. Thayer, Attorney and 
Counsellor-at Law, in relation to the codification of the Laws of this 
State. 

W^hich was read and laid on the table. 

Mr. Crenshaw submitted the following report, which was read and 
adopted : 

Mr. Speaker: 

The Committee on Claims, to whom was referred a bill for An Act for 
the relief of Manuel Garfias, have had the same under consideration, and 
find upon examination,. that the said Garfias, was formerly County Treas- 
urer of the county of Los Anseles, that he went to the city of Sacramen- 
to, to make4iis settlement with the proper ofiicer ; that he proposed to 
pay the money into the Treasury, and the State Treasurer informed him 
that he conid not receive the money in consequence of the fact that the 
Treasury safe was being moved from Vallejo to Sacramento, (at that 
time it was on the wharf at Sacramento city,) that when the safe was in 
a condition to receive the funds, he got^his money out and had it upon 
the counter of the hou»e at which it was deposited, and some person 
stepi)ed up and stole $l()iJO, of the money. 

Upon these facts the claim is based. 

Your Committee are satisfied that if the Treasury had b<^n in a condi- 
tion to receive the money at the time he first ofiered it to the Treasurer, 
it would not have been lost. 

Your Committee therefore recommend the passage of the bill. 

CRENSHAW, 

(chairman. . 

Mr. Crenshaw moved that Assembly bill for An Act for the relief of 
Manuel Garfias be considered now. 

Which was agreed to^. and, • 

On motion of Mr. McFarland, the House then went into committee of 
the whole, (Mr. Mc( 'andless in the chair,) on the consideration of the hill, 
and hating considered the same, the commitletj rose and reported the 
bill to the House without amendment, and asked to be discharged from 
further consideration of the subject. 

Which was granted. r - i 

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422 [SAtuiiM.v% 

^ On motion of Mr. McParland, the bill was oonsidered eng^xxsaed. 

" The bill was then read a third time and passed. 

A message was received from the Governor informing the Assembly 
that he had this day approved An Act to authorize the Comptraller of 
State to audit the accounts of the President of the Board of Trustees of 
the Stockton State Hospitals. 

On motion of Mr. McOandless, Assembly bill for An Act to fdnd the 
debt of the county of Sutter arid provide for the payment thereof, was 
taken up, considered, read a third time s^nd passed. 

Mr. Carpentier, on leave, introduced a bill for An Act to change the 
name of Contra Costa county and to create a new county therefrom. 

Which was read twice, and referred to the Committee on Counties 
. and County Boundaries. 

Mr. McMeans, on leave introduced a bill for An Act to repeal the fifth 
section of An Act to Fund the Indebtedness of the State, d&c., passed 
May l; 1852. 

Which was read twice, and referred to the Committee, on Ways and 
Means. 

Mr. Crenshaw gave notice that he would, on Tuesday next, introduce 
a bill for An Act to provide for the Incorporation of Companies for the 
construction of Plank or Turnpike Roads. 

Mr. Covarrubias gave notice that he would, on to-morrow, move to re- 
consider the vote by which the House passed the bill for An Act to Pand 
the Debt of the County of Suiter, and provide for the payment thereof. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled, a Joint Resolution in Relation to the Harbor of Saata 
Barbara. 

And the report was adopted. , 

On motion of Mr. Wells, the House then went into committee of the 
whole, (Mr. Herberl in the chair,) on the consideration of Assembly bill 
for An Act to amend an Act entitled an Act to provide for the levying, 
assessing and collecting Public Rc.venue, approved April 23d, 1852, and 
having made some progress thereon, the committee rose and reported the 
same to the House, and asked l^^ve.to sit again. 

Which was granted, and the hour of one o'clock having arrived,. the 
House took a recess until three o'clock, P. M. 

The House re-assembled at three o'clock, P. M. 

Mr. Reading, of Trinity, gave notice that he would, on Monday next, 
move to amend the rule of this House in relation to forenoon and aftet- 
noon sessions., t; 

The following message was received from the Senate : 

Mr, Speaker: » 

The Senate passed, on the 14tli inst., An Act to amend the six- 
teenth section of an Act to provide for Funding the Debt of San Joaquin 
County, for the payment of the interest thereon, and for the gradual 
liijuidation of the debt, passed April 20, 1852 ; 

And on the loth inst.. An Act concerning Estrays ; 



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April 16.] i2i 

Mid with an anfendtneht, Assembly bill for An Act to provide for the 
Incorporation of Wagon Road Companies ; 

And refused to concur in Assembly amendments to Senate bill for Ala 
Act to fix the compensation of County Judges and Associate Justices of 
the Court of Sessions, and to repeal a like Act passed April 22, 1850 ; 

And An Act to authorize the Board of Supervisors of Los Angeles 
Coanty, to lay a special tax for thef erection of County Buitdings; 

And passed also, a Concurrent Resolution to adjourn sine die on Wed« 
nesday, llth day of May, at 2 o'clock, P. M. 

By order of the Senate : 



April 16, 1853. 



A. C. BRADFORD, 

Secretary of the Senate* 



Senate bill for An Act to amend the sixteenth section of an Act entitled 
An Act to provide for the Funding of the Debt of San Joaquin County, 
for the payment of the interest thereon, and for the gradual liquidation 
of the debt, passed April 20, 1852, /was then taken up, read twice, and 
referred to the members from San Joaquin County. 

Sedate bill for An Act concerning Estrays, was then taken up, read 
twice, and referred to the Committee on Agriculture. 

Assembly bill, as amended by the Senate, for An Act to provide for 
the Incorporation of Wagon Road Companies, was then taken up, and 
laid on the table. 

rThe House then refused to recede from their amendments to Senate 
bill, for An Act to fix the compensation of County Judges and Associate 
Justices of the Court of Sessions, and to repeal a like Act passed April 22, 
1860. 

And the Speaker appointed Messrs. Wells, Myres and Mandeville, as 
a committee of conference on the disagreeing vote of the two Houses on 
the bill. 

Senate bill for An Act toa,uthorize the Board of Supervisors of Los An- 
geles county to levy a special tax for the erection of County Buildings, 
was then taken up, read twice and the rules suspended. . 

It was then read a third time and passed. ' 

Senate Concurrent Resolution to adjourn 5tne die, on Wednesday, llth 
day of May, at 2 o'clock P. M., was then taken up and laid on the table. 

A message was received from the Senate informing the Assembly that 
they had refused to concur in Assembly amendments to Senate bill for 
•An Act in relation to the interest on the Funded Debt of 1852. 

When Mr. McMeans moved that the House refuse to recede from their 
amendments. 

Which was agreed to, and the Speaker appointed Messrs. McMeans, 
Crenshaw and Johnson as a committee of conference on the disagreeing 
vote of the two Houses on the bill. 

Mr. Boetwick, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled An Act concerning Roads and Highways., 

And the report was adopted. 



Mr.Bostwick subinitted the following report: 

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424 [Satubdat» 

Bi^ioiA, April 16^ 1853. 



Mr. , Speaker : 



The Joint Committee on Enrolled Bills, report that they have this day 
presented to the ( Jovornor, for his approval — 

An Act to provide for the payujeut of Beverly 0. Saunders' expenses, 
incurred by order of the Governor, in December, 1851, lor the suppression 
of Indian hostilities in the county of San Diego; 

Also, An Act authorizing the Treasurer of State to issue Bonds for the 
payment of the expenses of Volunteer Rangers under Capt. B. Wright 
and Charles McDermitt, in protecting the overland Emigration on the 
northeastern frontier ; 

And that they have deposited in Secretary of State's office Joint Reso- 
lution in relation to the Harbor of Santa Barbara. 

J. H. BOSTWICK, 

Assembly Committee. 

Mr. Thomas, from the Committee on Engrossed Bills, reported as cor- 
rectly engrossed An Act to amend an Act concerning the office of County 
Assessor. 

Mr. Redding, of Yuba, moved that when this House adjourn that it 
adjourn until Monday next, at 7 o'clock, P. M. 

Un which the uyes and nays were demanded, and the motion was lost 
by the following vote : 



AYES. 



Messrs. Bell, 

Canney, 

Crenshaw, 

Ewing, 

Herbert, 

Huse, 

Johnson, 



Messrs. Bostwick, 
Brush, 
Carpentier, 
Conness, 
Covarrubias, ^ 
Estep, 
Garfield, 
Harrison, 
Hoff, 
Irwin, 



Knight, 
McKamj, 
My res V 
Proctor, 
Reading, 
Redding— 18. 



NATS. 



Messrs. Kittredge, 
Letcher, 
Mandeville, 
Meredith, 
McCandless, 
McFarland, 
McMeans, 
Rogers, 
Thomas, 
Wells— 20. 



Mr. Reading, of Trinity, asked for leave of absence until Tuesday 
next 



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Afi^l. 1«.] 



4B& 



Wbteh'was g|rafitdd. 

Mr. Crensha\^ morad tomdjoom oiifilMbBday neictv M 7^ o'clock, PpIM^ 
On which the ayes and oaya wote demanded^ aed the House acy^u'Afd 
bf the Mlowiflg tote : 



Airw. 



Messrs. Bell, 


Messrs. EnieU^ 
Letcher, 


Caimeyy 


Garpentier, 


Mereditiiy 


Conoess, 


MoKamy, 


Crenshaw, 


Proctor, 


Ewing, ' 


Beading, 


Herbert, 


Bedding, 


Hose, 


Smtiir^ll. 


Jeknson, 






VitS. 


Mesm. Bostwiok^ 


Meflsrs. McCandl^ss, 


Brush, 


McFarland, 


GoTanrubiu, 


McMahQn, 


Sstep, 


McMoans, 


Harrison, 


OUver, 


Hoff, 


Rcgprs, 


Kittredge, 


Thomas, 


MandeviUe, 


Wells— le. 



HOUSE OF ASSEMBLY. 



Monday, kpM 18, 1858. 

' House met pnnnM^ .^ adjoomment. ^ 

Mr. Canney, Speaker jm> tern., in the chair. 

The roll was called by the Clerk, and the following meiAbehl i^ere absent : 
Messrs. Bell, Carhart, Conness, Oardner, Hally, Martin, McMahon, 
Smith*, Tilghman and Wing. 

On motion, leave U absence was granted to Messrs. Conness and Hally 



•54 



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4SiSi mpmAJy 

for two dajs each ; and to Messrs. Wing, Bell, Proctor and Tilg)iman oae 
daV each ; and to' Mr. Gi}>anl8B indefinite leave was granted. 

The Jonma) of Saturday last was read and approved. 

Mr. Crenshaw then stated that Messrs. Hejdenfeldt, Flower, Saunders 
and Sime, the members elect from the county of San Francisco were pres- 
ent, and moved that they be requested to now come forward, be sworn, and 
take their seats. 

Which was agrecfd to. • - . ; 

Messrs. Flower;' Heydenfeldt, Saunders and Sime liien oame forward, 
presented their certificates, which were read. 

They were then Severally sworn by the Speaker ^o tem.^ (Mr. Canney,) 
and took their seats as members of this House. 

The Speaker x?ri) tern, then appointed Mr. Saunders aa a member of &e 
Committees en Gomttieiree^ Judiciary, and Corporations. > 

A message wasTeoeWed from the Senate, informing th^ Assembly that 
ihey did, on the 15th instant, pass An Act to provide tor the .compilation 
and publication of the Laws of the State of Califomia and the payment 
thereof, as a substitute for Assembly b31 of the same title. 

And that they did, on the 16th instant, pass Assembly bill for An Act to 
provide for the payment of certain persons, therein named, for worit done 
and materials furnished. 

Senate bill for An Act to provide for tiie compilation and publication of 
the Laws of the State of Califomia and the payment thereof, was then taken 
up, read a first and second time ; when, 

On motion of Mr. Myres, the House went into committee of the whole 
(Mr.'Mandeville in the chair) on the consideration of the bill; and having 
tonsidered the satibe^the tJommittee rose, and reported baok the bill without 
amendment, and recommended that it be passed, and asked to be discharged 
from further consideration of the subject. 

Which was granted. 

Mr. Myres moved that the rules be suspended, and that the bDl be read a 
third time now. 

Which was agreed to. 

The bill was then read a third time. 

And on the question, '' Shall the bill now be passed ?" the ayes and nays 
were demanded, and the bill was passed by the following vote : 

• AWS. . 

Messrs. Blake, Messrs. Leteher, 

' . r .^B<pp|twjick^ , , J, Mandeville, 

Brusn, Meredith, 

Canney, McGarry, 

Crenshaw, • 'MfeKamy, 

Ewipm Moore, 

Flower, . 'Oliver, 

..irih o/,- l?Wrifl<yi... -Owen, 



fiert)erV'"' •'^' ■'•■• '' - ^' Pibctor', ' 
Hoff, Beading, 

I'. 



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AfXBU 18.] 



427 



Messrs. Htiot, 
Irwin, 
Johnson, 
Kittredge, 
Knight, 
Leake, 



Messrs. Gardozo, 
Estep, 

Hejdenfeldt, 
Huse, 



Mes^n. Beddingy 
Rogers, 
Thomas, 
WeUs, 
Yeiser— 88. 



NATS. 



Messrs. Martin, 

McMeans, 

Robinson — ^7. 



Mr. BoiBtwick submitted the following report, which was read and adopt- 
ed, (pee Appendix, No. 60.) 

Assembly bill for An Act to suppress Gambling, was then taken up. 

Mr. Proctor moved that the bill be indefinitely postponed. 

On which the ayes and nays were demanded, and the House refused to 
indefinitely postpone by the following vote : 

AYBS. 



Messrs. Blake, 


Messrs. Proctor, 


Cardozo, 


Yeiser — 5. 


Heydenfeldt, 






TSfAYB. 


Messrs. Bostwick, 


Messrs. Knight, 
Letcher, 


Brush, 


Canney, 


MandeviUe, 


Carpentier, 


Martin, 


Covarrubias, 


Meredith, 


Crenshaw, 


McCandless, 


Estep, 


McGarry, 


Ewing, , 


McKamy, 


Fairfax, 


McMeans, 


Garfield, 


Moore, 


Harrison, 


Oliver, 


Herbert, 


Owen, 


Hoff, 


Reading, 


Hunt, 


Redding, 
* Robinson, 


Huse, 


Irwin, 


Rogers, 


Johnson, 


Thomas, 


Eittredge, 


Wells— 36. 



Mr. Crenshaw submitted the followmg amendments to the Constitution of 



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4^ [MoifMr, 

this State, whicli were read, Isftd on the table, and two laadred and Arty 
copies ordered to be printed : ' 

PEOt^OSBD AMENDMENTS TO THE CONSTITUTION OF THE ISTATB OF CALIFORNIA. 

# 

The Legislature of the State of California, at its Fourth Session, com- 
menced on the third day of January, A. D. 1853, propose, as amendments 
to the present Constitution of this State, the following : 

Amendment L 

Section 2, of Art. IV., is amended so as to read as follows : 

Seetiqfi 2* The sessions of the Legislature shall be biennial, and eiiall 
commence on the first Monday of December next after the election of its 
members, unless the Goyemer of the State shall in the interim convene the 
Le^lature by proclamaiion. 

Amendment U. 

Section 8, of Art. IV., is amended so as to read as follows : 

Section 8. The members of the Assembly shall be chosen by the qual- 
ified electors of their respectiye districts on the first Wednesday of Septem- 
ber, one thousand eight hundred and fifty-four, and biennially thereafter, 
unless otherwise ordered by the Le^litture, and their term of ofEice shall 
be two years. 

Amendment III. 

Section 5, of Art. IV., is amended so as to read as follows : 

Section 5. Senators shall be chosen for the term of four years, at the 
same time and place as members of the Assembly; and no person shall be 
a member of the Senate or Assembly who has not been a citizen and inhab- 
itant of the State two years, and of the county or district fur which he shall 
be chosen, one year next preceding his election. 

Amendment IV. 
f 

Section 6, of Art. IV., is amended so as to read as foBows : 

Section 6, The number of Senators shall not be less than one-third, nor 
more than one-half, of that of members of Assembly ; and at the first ses- 
sion of the Legislature after this amendment takes effect, the Senators shall 
. be divided by lot, as equally as can be, into two classes ; the seats of the 



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Apbil.18.] 429 

•Senators of the fint class shall he vaaatod at the ezfaration of two years, so 
that one-half, as nearly as may be, shall be choeen bienniaUy. 



Amendment V. 

Section 25, of Art. IV., is amended so as to read as follows : 

« 

Section 25. No law enacted by the Legislature shall embrace more than 
one object, and that shall be etzpr^aed in the title. 

AmefUkimeeit VL • 

SeetioQ 28, of Art. IV ., is amended so as to read as follows : 
• 

Section 28. The enumeration of the inhabitants of this State shall be 
taken at sueh times and in such manner as die Legislature may by law 
prescribe ; and the number of the European race, as ascertmned by such 
enumeration, together with the census that may be taken under the direc- 
6m of the Con^ss c^ the United States in the year one thousand eight 
hundred and sixty, and every subsequent ten yeanr thereafter, shall serve 
as the basis of repreeentation in both brmiches of the Legislature* 

ATjiendment VIL 
Section 2, of Art. X., is hereby amended so as to read as follows : 

And if at any time two-thirds of the Senate and Assembly shall think it 
necessary to revise and change this entire Constitution, they shall recom- 
mend to the electors, at the i^xt election for members oi the Legislature, to 
Tote for or against the Conv^tion ; and if it shall appear that a majority of 
the electors voting at such election have voted in favor of calling a Conven- 
tion, the Legislature riiall, at its next session, provide by law for calling a 
Convention, to be holden within six months after the passage of such law ; 
and such Convention shall consist of a number of members not less than that 
of both branches of the Legislature. The Constitution that may have been 
agreed upon and adopted by such Convention, shall bo submitted to the 
people at the next general election, for their ratification or rejection. Each 
voter shall express his opinion by depositing in the ballot box a ticket 
whereon shall be written or printed, "For the New Constitution," or 
" Against tho New Constitution." The returns of such election shall, in 
sueh manner as the Convention shall direct, be certified to the Executive- of 
this State, who shall call to his as^tance the Comptroller, Treasurer, and 
Secretary of State, and compare the votes so certified to him. If by such 
examination it be ascertained that a majority of the whole number of votes 
cast at such election be in favor of such new Constitution, then tho Execu- 
tire of this State shall, by his proclamation, declare such new Constitution 
to be the Constitution of the State of California. 



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430 [MoHDi^Y, 

The following message and comnramcafioo of the Comptroner of State 
was received from the Governor, read, and referred to the Commifetee od 
Ways and Means, and two hundred and forty copies ordered to be printed. 

ExBcmvE Dbpartment, ) 
Benicia, April 18, 1858. ) 

To the Senate and Assembly of Calif omia: 

I have the honor, herewith, to transmit a Ughlj important conmmnica4ion 
from the Hon. W. S. Pierce, Comptroller of State, (See Senate Appendix^ 
No. 66,) in reply to a note addressed him on the 13th inst. 

This communication discloses tile faet, that to sustain the credit of the 
State it is now necessary to obtain the sum of twenty thousand two hundred 
and nine dollars and seventeen cents, being the amount required in addition 
to that on hand, to pay the interest due on the funded debt on the first day 
of July next. 

On the 14th inst. the amount of State debt funded at an interest of seven 
per cent., under the Acts of 1851 and 1852, was $1,876,000 ; annuid in- 
terest on the same, $96,320. 

The amount realized irom the sale of School Land Warrants, chargeable 
with an interest of seven per cent, per annum, $285,760 ; annual interest 
on same, $20,003 20. Total annual interest on the Funded Debt and 
School Fund, $116,323 20. 

To this sum must be added the amount of interest accruing monthly on 
the thirty-nine thousand one hundred and twenty-five dollars of three per 
cent, bonds unredeemed. 

The above statement establishes the alarming fact, that it will require all 
of one hundred and twenty thousand dollars the present year, to pay the 
accruing interest on the indebtedness of the State. The interest on the 
Funded debt is fully due in the city of New York on the first of July next, 
and ought to be in the hands of the agent of the State in that city on or be- 
fore the 20th of June, so as to give full tinSe to notify bond holders oi his 
readiness to pay, as well as the precise time and place of payment* A fiul- 
ure to pay when due the interest on th6 Civil Bonds of the State, now hele 
by capitalists in the Atlantic cities, cannot fail to have a blighting influencd 
on the credit of California abroad, and at home must greatly depreciate the 
evidences of State indebtedness which have been or may hereafter b6 issued 
by authority of law. To meet the present deficiency in the interest fund, as 
well as to provide for the future, I would respectfully recommend, that the 
Funding Act of 1852 be so amended as to authorise a Board of Commis- 
sioners, consisting of three or more of the State officers, to make such con- 
tracts or arrangements as may be necessary ; in this respect, to protect the 
credit of the State. 

Deeply impressed with the great importance of sustaining the credit and 
liquidating the entire civil debt of the State as speedily as possible, I have 
deemed it my duty, in this connection, again to direct your attention to the 
recommendations contained in my special message of the 24th of March. 

The beach and water property at San Francisco, which is believed to be 
worth man millions of dollars, rightfully belongs to the State of California, 

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ATOLia] m 

and no good reason has^een assigned why it should not be disposed of under 
the provisions of a carefully g^^arded le^Iative enactment, and the proceeds 
aj^lied to the payment of the common debt. 

This subject has received my most careful consideration, and I can think 
of no other mode by which the credit of the State can be sustained and the 
debt liquidated, unless you resort to more than treble the present rates of 
taxation; an imposition entirely too onerous to be borne by the people at this 
time. 

JOHN BIGLER. 

The following message was received from the Governor, which was read 
and referred to the Judiciary Committee, and four hundred and eighty 
copies ordered to be printed. 

ExEctrrrvE Department, ) 

Benicia, April 18, 1853. | 

To the Senate and Assembly of California : 

I deem it my duty to inform you that the Sheriff of &an Francisco county 
has levied upon, and offered &r sale on the 29th mstant, to satisfy a judg- 
ment obtained against Uie city of San Francisco in favor of L. D. Brown — 
^^ all those pieces or parcels of ground covered with water, situated on each 
aide of Central wharf, within the space bounded by Sacramento, Davis and 
Clay Streets, and the unnamed Street next beyond Drum Street, and laid 
out as water lots on the Map on record in the office of the Recorder of the 
county of San Francisco, mentioned and made official in the first water lot 
bill, and are those numbered 520, 521, 522, 524, 525, 526, 528, 529, 530, 
581, 532, 633, 653, 654, 555, 656, 557, 558, 559, 560, 561, 562, 563, 
and 564." 

By the provisions of the water lot Act of March 26th, 1851, twenty-five 
per cent, of the proceeds of all sales is reserved to the State. If this prop- 
erty is permitted to be sacrificed at a forced sal^, but a fraction of its real 
value will be obtained, and of course the State will be greatly the loser. I 
would, therefore, recommend that measures be at once adopted to enjoin 
fbese prooeedinga, and to secure the entire right of the State in the pre- 
mises* 

By the former sales of this description of property, little or nothing has 
been received by the State, and in fact, none of the conditions required by 
the water lot biUs heretofore passed, have be^en fully complied with on the 
part of the cify of San Francisco. A repetition of tiiese sales will be but a 
contmuation of the means by which California has been deprived of so much 
valuable property, and prompt measures should therefore be taken to arrest 
them before it becomes so inextricably involved as to place it beyond the 
reach of the State, without a resort to ruinous litigations. 

JOHN BIGLER. 

Mr. Bedding of Trinity, gave notice that he would, on to-morrow, move 
to amend the rale of this House in relation to the hours of meeting. 



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[M<«rDAY, 



Mr. Herbert moved to reconsider the vote, hj which the Gbvemor's me«* 
sage, just read, was referred to the Judiciary Committee. 

On which the ayes and nays were demanded by Messrs. Oliver, Herbert 
and Bobinson, and the House reconsidered by the fbllowing vote : 



AYES. 



Messrs. Brush, 


Messrs 


. Meredith, 


Ewing, 
Oarfield, 




McEamy, 
McMeans, 


Herbert, 




Moore, 


Hoff, 
Hunt, 


• 


Myres, 
Oliver, 


Johnson, 




Owen, 


Kittredge, 
Leake, 




RediUng, 
Thomas, 




KAYS. 


Yeiser— 20 


Messrs. Canney, 

Carpentier, 
Covarrubias, 


Messrs, 


. Knight, 
Letcher, 
Meirtin, 


Estep, 
Flower, 




McGarry, 

Proctor, 


Harrison, 
Hejdenfeldt, 
Huse, 
Lrwin, 




Readmg, 
Bobinson, 
Rogers, 
Wells— 18. 



Mr. Garfield moved to amend the original by referring the ttessnge to 
the Committee on Ways and Means. 

Which was not agreed to. 

The question was then taken, on again referring to the Judidaty Ccna 
mittee and lost. 

Mr. Herbert then moved that it be referred to a speoiai committee «f fiv%u 

Which was agreed to, and the chair appointed Messrs^ Hubert, Johnsoiiy 
Heydenfeldt, IVfyres and Garfield as such committee. 

On motion, at 11 o'clock, P. M., the House adjourned. 



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j^OUSE OP ASSEMBLY, 

: ~ ii ,/ Tuesday, ^rtl 19, 1853. 

The House met pursuant to adjourmnent. : ^J 

!ni6 Speaker j?r»4e?7»., ID the ciAir. - ^ ■'' 

The toll was ealtedf by the Cloric, and ii» folloiHng membors weie IbttnA 

Messrs. Blake, Carhart, Carpentier, Covarrubias, Gardaer, Oarfietd,- 
Heydenfeldt, Knight, Reading of Trinity, Smith, Thomas, Tilghm&n, 
and Yeiser. ; , i. 

The Journal of Mowday last was read and apptOTted. ' - 

Mr. Mariderille, fram'iheiCkirAmittee on Roads'and Highways, reported 
back Senate bill for An -Aiet ^ attidi^ ah Act entitled an Act concerning 
Toll Bridges, with a recommendation that it be passed. 

The report was adopliidd, and the Mil laid on the table. 

Mr.Mandevitte, from'tfie<k»ntoitleeoQ Koads and Hi^hways,^'report;^ 
ed back Assembly bill for An Act to amend an Act enntled an Aoti tb 
authorize the eonstructibn oP a Wagon Road from Slumboldt Bay to^'the 
Sacramento Valley, approved April 28, 1862, with a recommendation tlMrt 
it be'paifiised. • ...•.,....■..•.' 

The report was adopted, when Mr. Redding of Tubttj movedto lay 
ther*'port'6ftthe' taibte; ' ''i <> 

Which was not agreed to. • . . »♦ 

Mr. Martin moved that the bill be considered now. 

On which the ayes and nays WiMe demanded, and the House refused 
to suspend the rules and consider the bill by the following vote : 

AYBS. 

Messrs. Oanney/ Messrs. McCaadless, 

Cretisfaa^, ' McFi^and,; 

Eatet>, MoGariy, 

Ewing^ ^''^ Moore, 

rioi?«er,' '^" Proctor, ' - 

Hallyr- ' Reading, '^ 

Harrison, Robinson, 

^ Irwin, *^ ' ' Saunders, 

Johnson, Sime, 

Leteber/'j'^ -^^ ''^ Wells,'^'- • ' -'"^"'^ 

MatfAevilMi Teiset^^^^^S.' 



M«rtiti,'^'^i^ 
•66 



Vi:< ,7ri\iUii 



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MATS. 

Menn. Brushy Messn* Meredith, 

CardozOy \ McMeane, 

Hevdenfeld^ ... Ofiver, 

Hoff, li" = ' • (Syen, 

Hunty Reddmg, 

Huse, Rogers, 

• ^ :"» ^'1 Ktttt^^g^^i '•• ^- i Wing— 14. 

Mr. Heydenfeldt moved that the bill be ordered engrossed. 

Which was agreed to. .; ji :,- i • .d ^- - j ^r. i! j : 

Mr. Johnson asked to be excused thMu5Qririii|,on liii9i4|e}9tfl:«emBrf^ 
tusmkimwm^'i^^Smsif ihe\ vfwbl i jacie;*g^ joi.ih^i emwaim ni^^Ji to 
certain water lots advertised to be sold on the 29th o£ April, ISSSjibf: ito 
0<sMrfal(tl;^(9fm89r Sit)){iFiY«tt^ 
.. Wb»h'iW£w»f«PBaet*d.. . u /: 

And the chair appointed Mr. Leake in place of Mr. Johnsop* 

Mr. Bostwick, frfprn thf, Joint. Qomimit^eM {inixsltodiBittit.i^xted as 
ton^Uy e](^lpUed(An^^lit0^ yrpvide for^Mne .p^ymeiil of; cei;taini penpns 
A«Hr^ibrM«r^ for ( ^0^^ 

And the report \l«asxadopted. ..■ : i. ! 

Mr. McFarland,;4ubmitte€l tbei ft4fcwiPg;rep<irtii,i«biQb wi^«>^w^ 
9dq|tod^ ii&^mi^iU>Ab»y'tef0r^Mi\\»> 0evt9ral St^iUo^ifpMds^tsee 
AppeHdin^Moiifet) • -' .. .; r,.\ ... 

A69eq^jblUi£wiMiAAtitor.{|rwiil^/4bff tbe ii>digftut.sick|i.was. th« 

Mr. McMeans moved that the House go into committee of th^^boktmk 

On which tbe ayes and nays were demanded, aflAi^('I]f9m%fefua^ 
to go into committee, by the following vote : . • 

/, ■ ; ' • .1 • (1 . .1 ■• , .■'..•. 

j^' ' . ' V i •• :if. . i: ! ' •! i . ' 
Messrs. Blake, Messrs. Mandeville, 

Brush, V Martin, 

Estep, Merediih, 



HamfWhi/: McMeaiMfe, 

Hon, ,i(» I' ^ ' Owen,, 



Hunt,^.],, 1 Reddji^, 

Kittaf^«;f Wing--.1«^ 






NATS. 



Messrs. Bostwii^it^ . Messrs. McOao^QMV, 

Cardoso, McM|M«iL' 

Crenshaw, Moore, 



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itmig.] 



mb 



Meiin. Flower, 



/; 



jaauy, 

Huso, 

Irwin, 

Johnaott, 

Knight 

Letdier, 



Measn. Oliyer, 
Proctor, 
Bobinci^ t 
Jlogerai, 

SimQ, ^ i 

Wells, 

Teisei^r-^n. 



Mr. McFarlaod (movHi that the bill be laid on the taUe 4}id made the 
special order for.f^day next, April 22, at 12 o^clocki M., 

Which was agjced UL . . \ 

Mr. McCan(U»» auteiitted a resolution to appoint 4i^\s^i£f;t committee 
of three to examine the affairs and condition ot the,3t;a,^ flllfarine Hospi- 
tal, and to report tlHDreon to this House. 

Mr. Wells. «i|bin^M0d/as an amendment to the resolutioj^ijto strike out 
** select committee of three," and insert " Committee jO^jStaj^^ Hospitals.'' 

On which the ayes and nays were demanded, ana the amendment was 
lost by the following vote : , . . 



• - ' .'., .'.■' 


iL AYBS. . .,.. ^. 


Messrs. BesliriMik, 


Messrs. Martioii . 


Han3ifMi> 


Myctt, . . 


LeMter, 


Ow.s% 


Mande^te. 


Wells~S, 




' 1 

NATS. . , 1 


Mfessr*. Bhke, 


^•- ' • "iMiiiM.MeredidB, 


Inrush, 


McO«»EUcMb, 


Canney, 


McParknd, 


Ci*en«haw, 


MoGanfy , 


Bit^, 


MdKattiy, 


Ewing, 


McMeaiiB, 


Pairfax, , 


Moore, 


Flower. 


'■' '"' " ■ • Oliver, ' ' 


Garfield, 


■ Pi^tof, 


Hany, 


' Rcfsaittg, 


Hoff, 


Bedding, 


Hunt, 


Robinson, 


Huae, 


Iftogers, • 


Jolmson, 


Saundorfr, 
8ime, 


Eittredge, 


Wing,' 




. . ^ Yeiser— 84. 



The qufistion then beixiR 
On which (he ayes im4 
vote: 1 



OQfliiie ^^A^pJLoa of ^hp original resoluliouu 

Wf i9rdwiaB<^d, it was adopted by tb^ 

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i4£6 



[[Q^nan^ 



Messrs. Blakler^ ' 

Brusb, 

CardozOf 
Ewing, ^ 
Fakfkx^ 
Flower, 

Hoff, : "^^ I 

Irwin, 
.i;.|t , . 'Johnson, 'J 

'" ' Kitti*etigef, « 

Knight, 
r"' ,':',/ ■ l-eAke, ' 

Meredith, 



Ht 



ATB8. ,TWm.'4 r/lcc^ji- 

./il..!' 

Messrs. McCfinfifiibi; 
Mc6ai:rjr^ i . 

Moore^ : i 
MyMSytf- -f. 
Oliver, • /. 
Proctor^^. 
Beading, 
■^ ' f't (Bedding,''-' - -^•' '' . 
Bpbinson^ 
Bbgers, 
Baundm, 
• ■ • •» Simfej ■ 5 

. Wells, 
' Yeis^r^29. ' - 



?.M // 



NAT8« 



Messrs. Bostwick, 
Crenshaw, 

Estepv'' '"• 

Garfield, 

Harrisen, 

Hunt,- 

Huse, 

Letcher, 



Messrs. Mandeville, 
Martin, 
McF^ide^d, 
McSLaitijy, : 
McM^atift, ; 
Owea, . 
Wing— 15. 



The Chair then appointed as the committee, MessrftHM^anfHess, 

Fairfax, and*rtictor. . . - - U^' 

Mr. MclVleaus submitted a resolution requiruig the Treasurer and 
Comptroller of .Sliato to hiform Assembly in relation to ihp ruofiey received 
into the Treasury under the Act of March 26, iSol, providing for the 
disposition of certain property of the State of California. , 

Which was read and adopted. 

On motion of Mr. I^qFarland, the committee apiiomfed to visit the 
State Marine Hospital, was ordered to report on Friday next 

Mr. McFarland subipitted the following resolution, whiph was read 
and adopted : . . 

Resolved That a co^imitlee of three be appointed to ascertain what 
interest the State of California has in the entire water lot prpperty of the 
city of San Francisco and that they be instructed to report to this House 
as early as possible. 

The Chair appointed as such committee, Mestrs. McPkrland, Flower 

and Leake. ,. w. ,, ^ , 

,Pn motion of Mr. Leiike, Mt. MjrWs wfes added to the committee, ind 

tiie committee instructed t6 rep<»tt» this4iwis6!0n Sa.turday*neMtf/ i. 
A message was received from the Governor, informing tHe AMsmblyi 

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11] 433 

that he had this day approved An-Aotto provide for the payment of cer- 
tain persons therein named, for work done and materials furnished ; 

Also, An Act conoerning. Roaiils and Highways. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported 
that they did this day present to the Governor for bis aj^roval, An Act 
to provide for the payment of certain persons therein ni^iXKed, for work 
done and materials furiaished. 

And the report was aflopted. 

On motion of Mr. Owen, Assembly bill for An Act to provide for the 
Incorporation of Wagon Road Companies, as amended by the Senate, 
was taken from the table, and the Senate amendments concurred in. 

On motion of Mr. Blake, Assembly bill for An Act for the Measure- 
ment of Lumber, was t|iken up, and made the special orcler for Ti|e)Jday 
next, April 2S, 1853, at 12 o'clock, M. 

On motion of JKlr. Procter, Mr. Heydeufeldt wasgraiited leave of absence 
for one week. . 

On motion of Mr. Garfield, tho House went into committee of the 
whole, (Mr. Myres in the chair,} on the consideration of Senate bill for 
An Act to authorize the Pacific Mail Steamship Company to hold, use 
and occupy, certain lands in the City of Benicia, and having made some 
progress thereon, the committee rose and reported the same, and asked 
leave to sit again. 

Which was granted. 

And the House, at 1 o'clock, P. M., took a recess until 3 o'clock. 



The House re-assembled at 3 o'clock. 

. On motion of Mr. Crenshaw, the House again went into committee of 
the whole, (Mr. Myres in the chair,) on the consideration of Senate bill 
for An Act to authorize the Pacific Mail Steamship Company to hold, 
trse and occupy,' certain tends in the City of Benicia, and having consid- 
e/i^ed the same, thecommiitefe rose and reported the bill back to the House 
with amendments, adid asked to be discharged from further consideration 
of the subject. , . • . 

Which was granted. '' ' . . ■ \ 

On motion of Mr. Garfieldf, the amehdtilents wore then concurred in 
generally. 

Mr. Brush moved to amend the first section of the bill, by adding at 
the end of the section t^ie following : 

"Prwirferf, That the said Steamship Company, their agents and 
assigns, shall always pay to the State of California, the taxes and assess- 
ments imposed upon their property within this State ; otherwise this Act 
shall be void." ■' 

^ On the adoption of which, the ayes and nays were demanded. 
And the amendment was lost by the following vote : 



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Means. Brash, 
Caimej, 
Oarpentisr, 
Ewing, 
Hunt,. 
Eittredge, 
Leake, 



limdiik, 

MeKaaiy, 

MoMeaw, 

OUfer, 

Rogers, 

Thomas— 18. 



KATS. 



Messrs* 



Blake, 

Boatwick, 

Cardozo, 

CroDshaw, 

Estep, 

Fairfax, 

Garfield, 

Hally, 

Harrison, 

Hoff, 

Huse, 

Johnson, 

Knight, 

Letcher, 



Messrs, 



, MandeviDe^ 

Mardn, 

McFarland, 

McGacrj, 

Mjrres^ 

Owen, 

Proctor, 

Beading, 

Bedding, 

Bobinson, 

Smith, 

Wells, 

Wing, 

Teiser— 28. 



Mr. Brush moved the following as aa anoendmeat : — 

Amend section threo l:ty striking out the State offiqeis, as the Board of 
Commissioners, and insert, " That the said Board of Commissioners shall 
consist of three persons, appointed by the Governor, by and with the ad- 
vice and consent of the .Senate, who shall each take an oath that he is 
not, nor will he be in any wise, inte^rested in such property or the pix>- 
ceeds thereof" 

On the adoption of which, the ayes and nays were demanded. 
And the amendment was lost by the folloiwing vote : 



. Brush, 


Messrs. Meredith, 


Ganney, 


McKawy, 


Ewing, 


McMeaps^ 


Hally, 


Oliver, . 


Hunt, 


Bobinson, 


Kittredge, 


Bogers, 


Leake, 


Wi^g--14. 



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I»Q 



4M 



tUCTBb 



MeBsn. Blake, 


MoBm^ J&fondevtBei,. 


BoBtwicfc, 


MbCttidleM; 


Carpentier, 
Gardozo, 


McFarland, 


McGarry, 


Grenshaw, 


Moore, 




Owen^ 
Proctor^ " 


Garfield^ 


ItoMilitil, ' 


Haidflt^ 


Sime^ 


Hoff, 


Smith, 


JSasei 


Th<Hsm'5 


Johnson, 


Wefls, 


Knight, 


Teise^— 27. 


Letcher, 





Mr. Brush then nJWed to strike out all after Ihe wblfd^ Act," in third 
section of the bill, andiinsert, " cau.se to be sold at public auction to the 
highest biddef, alt •A)sj above described property, afreir hariiig first given 
thirty days notice^ in three public papers in the city of Saor Francisco." 

On which the ayefi<iAiid nays were demanded. 

And the amendment was lost by the following vote: . 



AYEiL 



Measn. Brash,. . 


Messrs. Meredith,. 


Canne^, 


McEadisnd, > 


Hunt,. 


Oliver^ 


EittMdge^ 


Bogers-^^ 




NATS. 


Measn. Blake, 


MeMr»wMaitiift, 


Boetwiok, 


McCandless, 


OwttenlwiV'- 


MeEaaiy, 


CMnliiftv, 


M^M^ana,. 


F^L, 


Moope, 
Owen, 


Garfield, 


Proctor, 


■' ' mily,' -J ■' 


Rdftding, 


Hariisen, 


Bedding, 


Hoff, 


B6bin86n, 


Hnse, 


Sauih,^ 


Johnson, 


Thomas, 


Knight, 


- Wells, 


Leake, 


Wing, 


Letcher, 


Teiseiw-^ie.^ 


ixiainieTiijo, 





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416 



Mr. Oliver moved to amend the third section, by inserting the words, 
'' which shall not be less than $22,738 18." 
On which tbel ayes and^iays were demanded. . . 

And the ainendoient-was lost by the following vote : 

AYBS. 



Messrs. Brash, , . > 


Messrs. Meredith, 


Canney, • 


McFar]aa4, 


Carp^nti0r, 


Olivgr, 


Fairfax, 


Re^dmg, 


Hunt, 


Rogers,. 


Kittredge, 


Thomas-^12 


;. -' - 


NAYS. 


Messrs. Blake, 


Messrs. Mandeville, 


BosWiok, . 


• ■ Mwtin, .. . 


Gardozo, 


> 'j'.i •■! -. 'JdcKftnay, •.- 


Oreoshair, 


McMabou, 


Estep, 


. McMeans, 


Ewing, 


Mbora, •. 


Garfield, 


Oven, ,, 


Hallj, 


Proctor, 


Harrison, 


Bedding, 


Hoff, 


Robinson, 


Huse, 


' Sime, 


Jdhnsoo, 


Smith, » 


Knight, • 


WeUs,. 


Leake, . 


wingH^^-aa./ 


Letcher, 





Mr. Fairfax moved to amend the bill by adding, after the last word in 
section three, the &Uowing words : .'^ .;< ,-. 

" And provided^ That the Commissioners herein* ntentiooed shall, prior 
to entering upon the duties herein prescribed, make.:oaib( before some 
person authorized to administer oaths, that they ar^r,iiot, i¥)r will not be 
interested in any way in the property described in this ^V!. 

II 

Which was read and adopted. 

Mr. Redding, of Yub^ moved as an amendment, to strikf^ont in second 
section, line fourth, all after the word " Company." 

On which the ayes and nays were demanded. 

And the amendment was lost by the following vote : 



Messrs. Brush, 
Canney, 
Garpentier, 



AYES. 



Messrs. Leakey' 

MoFiifl«4|/ 
McMahon, 

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Aiiw«t9:!)l 



411^ 



Mmsfb. FairfiuEy - 


MdSBn. MoorOy 


HaJTlBOD^V -' 


Oliver, ' 


Herbef*^^^^ • '^ 


Reddiigi^. 


Hunt, 


Smith, 


Eittredge,' ; 


ThomaiF«-Wv 




NAY8. 


ltoflMJ'BMk«^ 


^ MMitt MiddtfiSei 


Bostwick, 


Bliurtdl, ' 


Gardoii»^ 


M^aany, 


"^tep, • 


MbM«aii%^ 




■ 0*tti,' 


= ■•■'•• B)mag, 


Hally, ' 


Booutsott',' 


Hoff, 


Rogers, 


Hnse, 


Sime, 


JohnsoDi 


Wells, 


Knight; '' 


■'^V*' ., 


Leteher/ 





- -'^'l 



Mr. Bnish moved^llhe following, as an amendment : 

<< Section 6. Ndthfng in this Act contained shall be socoiitilraed as to 
permit the said' eompfanyi their successors or assigns to mafre< any other 
use or disposition of said property than may be neceBMif3f^ in <{Nrosecuting 
the business for which said company is incorporated." 

On the adoption of which the ayes and nays were demanded, and the 
amendment was lost by tke*Mll9wing vote : 

AY£8. 



Hessrs* Smsh, 


Messrs. Mandeville^ 


Canney^ 


McFarla&dy 


Herbert, 


McMahon/ 


Hunti 


Oliver^ 


Eittredge^ 


Rogers — ^11. 


Leake, 






VATB. 


Messrs. Blake, 


MeiiMi! MaKsmy/ 


' Bobtwi^; 


MdMeaas, 


Cardoso, 


Moorey ' 


Fair&x, 


Owen, 
Proctwr, 


Garfield, 


Readings 


Hafly, 


Beddmgy 


HarrlCKMli^' 


BobinsoHy' 



>66 



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441 



[pmta9* 



Moffi 

Hose, 

J0I1D8PQ9: 

Enidit, 

Lamer, 

Martin, 



Thomai^ . . 
Wing, 



Messrs. Garfi^ nuA H^rlmt «t this time baying risen fiqiii thw^eiEte, 
each claimed the floor* 

The chair decided that Mr. Herbert was entitled to the flpor# 

Mr. GSarfield appealed from the decision, and on the question, "IKiall 
the decision of the Chair stand as the decision of this House ?' 

The ayes and nays were demanded, and the House lefused to t 
the decision by the {flowing Tote : 



ATIS. 



MesRS* Bmsh, 

Carpentier, 
Herbert, 
Hunt, 
Irwin, 

Mandeyille, 



Me 



s. Meredith, 
McMahon*. 
McMeans, 

Myres, 
Beddiiig, ' 
Bogw»— 16, 



HATS* 



Messrs* 



Blake, 
Bostwick, 
Cardoso, 
Esiep, 
Favfl^ < 

Han:^, 

Harrisony 

Hoffi- 

Huse, 

Johnson, 

Enight, 



Iietober, 

Martin, 

McFarland, 

McEamy, 

Owen, 

Proctor, 

Beading, 

Bobinson, 

Sime, 

Wing, 

Teiser— 23. 



Mr. Herbert mpyfid l0^iN]joum«|/: 

On which the ayes and nays were demanded, and. the Hoase refused 
to adjourn by the followiog vote : 



ATES. 



Messrs. Brash, , 
Camiey, 
Carpentier, 



Messrs. Meredith, 
MoMaboD, 
MoMeans, 

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19.] 



44S 



HonV ■ 




Irwin, 


Bo^em^. 


Eittredge, ' 


Smithy 


Leake, 


Well*-17. 








VATS. 


Mesgn. Btek», - 


Hems. MartiB, 


BoBtwick, 


McFarinad, 


GardoM, 


McEamy, 


E«*»P, . 


...... . .:.^ -Mypes/i •// .-.' 


Vt&festi ■ 


'• 'T ' "• '♦ -Owtin;' ' ^i"--' ••'> 


Garfield, 


Froctbr, ' '•'' " ■• Y 


HaBj, 


Reading, 


Eburrison, 


Bedding, 


Hoff, 


Robinson, 


H«e, •• .-:■• 1- 


Sime, I . ! - 1/ 


JdiBKm, 


Thorny' 


KnigMi 


Wiiig?^> 


Letdnir, 


Teisei«^26. 



Mr. Brush moved that the bill be read a third timeiob^. 

Mr. Gsurdozo moved the previous question. 

Mr. Herbert moved to lay the motion for the previcnis question on the 
table. 

Mr. Johnson rose to a point of order — that the. House could not enter- 
tain a motion to lav a motion for the previous question, on the table. 

The Chair decided the motion Uylay the motion for the previous ques- 
tion on the table to be in order. 

Mr. Johnson appeal^ from the decision, and on the .qui9$tiQii.^< Shall the 
decision of the Chair stand as the opinion of the Bwsi»1!' 

The ajfes and nays vers demanaed, and the deoisian was sustained by 
the following vote : . . 

.> ATSS. 



MeflBTS. Bostwiclli^ 


Messrs. MandeviBe, 


Brush, . 


Martb,. 


Garpentier, 
Caraozo, 


Mereditk, 
McFarland, 


Fairfax, 


McKamy, ' 


Garfield, 


McMahon, 


HiJly, 


•.;., MeMett»>.. 


Hsrnson, . 


.. . ; Oliver,., v- - ..\-*'ii 


Herbert, 


Beadingy:' . - 


Hoff, 


, . :-^ - BeddiAg/t.K -'r 


Hunt, 


Rogers, 


Hose, 


Thomas, 




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r444 



i;l[Tii«iir, 



Mossrs* Inm^ 
Ledce, 



Meflsn. Estep, 
Johnson, 
Letcher, 
MoQlBe, 



Meiszs. T^MU, i 

Yei80P4S9. 



NATS. 



Messn. Proctor, 



Sime, 
Wiop^&L 



Mr. Wells tl^ea moved to adjourn. 

On which th^^i^s and nays weie demanded, aodflhi^'knotkm was losi 
by the following vot^ : 



ATBS. 



MMm. Brash, 


Messrs. McKoBur, 


Ct^miAtf 


McMeaos, 
Moore, 


Bant, 


Qlrr6i, 


Irwin, 


Proctor, 


Johnam, 


* Bobinson^ • 


Eittredge, 


^ 


MandeTiQe, 


Wing— 19. 


<M«ndltfa, 


' 


1 "■ 


HATB. 


r>M0B8n; Bliike, * 


Messrs. Hose, 


BoBtwiek, 


i/etcher, 


^ GahiosBO, 


Martin, ■ 


Crenshaw, 


McF^Ia&d, 


Estep, 


Mjres, 


Ewing, 


Owen, 


Fairfax, 
>efarfi«ld, ' 


Beading, 
Bddding, 


HaUy, 


Sime, 




"Thomas, 


'■ Herbe.-t,' 


Telfierui-.28. 




• 


The queiltenf'tWen recurring on 
motion for the previous question 


the motion of Mr J 'Herbert, to lay the 
on the table, bkiMy^fch the ayes and 


nays were demanded. 




The motion was 'lost by the following vote : 



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19.] 



[445 



▲TIB. 



M68srB. Bniib» 


Messrs. LeAke, 


GanMj, 


s^ 


EMbort, 


Hunt, 


vAi^f, 


:Kitferedge, 


Rogets^O, 




NAXS- 


Messrs, Blake, 


Messrs.. MaodeviUe, 


Bostwick, 


Martin, 


Carpentier, 
Caraozo, 


McFarland, 


McEamy, 


Qrenskjftw, 


McMeans, 


Estep, 


Moore, 


Ewing, 


Owen, 


Fair&x, 


Proctor, 


Garfeld,* 


Reading, 


Hallj, 


Bedding, 


Harrison, 


Bobinson, 


Hoff, 


Sime, 


Huse, 


Thomas, 


Irwin, 


WeUs, 


Johnson, 


Teiseiv^l, 


Letcher, 





Mr. Herbert mo veil a call of the House. 

On which' iiiotion the ayes and nays were demanded^ and the House 
refused to sustain the call, by the following vote : 



ATE8. 



Messrs. Brash, 


Messrs. Masdevdle, 


Canney, 






CsrpoiitvBr) 
GiKkno, 




Me<redith, 




Mi^Mdk>n, 


Herbert, 




McMeans, 


Hoff, 




Oliver, 


' Irwin, 




Redding, 


Johnson, 




Thonas— 17. 


Leake, 


NATS. 




Mems. Blake, 


Messrs 


. Hose, 


Boetwiok, 




Eittredge, 


Conness, 




Letcher, 


Grenshaw, 




MoFarland, 


Estep, 


ff 


MoEamy, 



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1. Ewing, 


Mesm 


1" 
. Myres, 




Fairfax, 




Owen, 




Flower, 




Proctor, 




Garfield, 




Beading, 




Hally, 




Bobinson, 




Harrison, 




Sime, 




' Hunt, 




Well»-24. 





Mr. Carpentier moved to adjourn. 

On which the ayes and nays were demanded, and the House adjourned 
by the following vote : 



ATSS. 



Messrs. Bostwick, 
Brash, 
Canney, 
Carpentier, 
Ewing, 
Ckrfield, 
Harrison, 
Herbert, 
Hunt, 
Irwin, 
Johnson, 
Eittredge, 
Leake, 
Mai^doville, 
Meredith, 



Messrs. McGandless, 
McEamy, 
McMahon, 
McMeans, 
M^res, 
Oliver, 
Proctor, 
Beading, 
Bobinson, 
Bogers, 
Sime, 
Thomas, 
Wells, 
Teiser— 29. 



NATS. 



Messrs. Blake, 
Conness, 
CardoEO, 
Crendiaw, 
Estep, 
Furfaz, 
Flower, . 
. Hally, 



Messrs. Hoff, 
Huse, 



Emffht, 
Letdber, 
Martin, 
Owen, 
Bedding-— 16. 



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19.] / 447. 



HOUSE Op assembly. 



Wbdkbsday, April 20, 1858. 

The House met punaant to adjoamiDent;. 

The Hon. Mr. Wall, Speaker, in the chair. 

The roll was called by ttie Clerk, and the following members were absent : 

Messrs. Carhart, Gardner, Herbert, Saunders, Walker and Yeiser. 

On motion of Mr. Irwin, leave of absence was granted to Mr. Thomas 
for fomr da^s. 

Mr. Conness presented the petition of citizens of the Citjr of Mpnterey , 
praying fer amebdm^ts td the Charter of that city. 

Which was read, and referred to the Compoittee oh Corporations. 

Mr. HcMeans submitted the following report, which was read and con- 
curred in : 

Mr. Speaker : 

The committee of conference, who were appointed on the part of the 
Assembly to meet a similar committee from the Senate, and confer with 
them on tlie disagreeing vote of the two Houses on Senate bill No. 129, 
to be entitled An Act in relation to the Interest on the Funded Debt of 
1852, have performed that duty, and beg leave to report : 

That the two committees have agreed to sustain the House amend- 
ments, with the accompanying amendment, and respectfully recommend 
its adoption and the passage of the bill: strike out ''on demand," in 
eleventh line, first section. 

S. A. McMEANS, 
Chairman. 

Mr. Cardozo, on leave, intrdduoed a bill for An Act concerning Convey- 
ances of Real Estate. 

Which was read twice, and referred to the Judiciary Committee. 

Mr. Conness, on leave, introduced a bill for An Act to Incorporate the 
Cityof Monterey. 

Which was read t^'ice, and referred to the Committee on Corporations. 

Mr. Smith presented the memorial of certain citizens of Contra Costa 
County, remonstrating against changing the name of said county and the 
creation of a tiew county. 

Which was read, and referred to a select committee of five. 

The Chair appointed as such committee, Messrs. Kittredge, Redding, 
of Yuba, Crenshaw, Johnson and Conness. 

Mr. Ewing, from the Committee on Counties and County Boundaries, 
reported back Assembly bill for An Act to change the name of Contra 



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4kW [WBDlttaNB^^ 

Costa County and to create a new county to be called Contra Costa, with- 
out amendment, and recommended that the bill be passed. 

The report was laid on the table, and the bill referred to the above- 
mentioned select committee. 

On motion of Mr. Hally, Assembly bil^^i^or An Act for the protection of 
persons who may settle upon Private Lands in this State, was taken 
from the table, and referred to the select committee to whom was referred 
the subject of the Settlement of the Tul6 Lands. 

Mr. OiEHrdozo, on^'Uave^itittOdticed a bill for An Act for the relief of 
David W. Jenkins. 

Which was read a first time and laidfOvdr, under 'tb«'nito9> 

The following message was jp^oeivedifrOmth^^Senalie^'' 

Jl£r. Sp^qkeitr . 

The Senate this day appointed Messrs. Lott, Foster and Co&oth at a 
committee of conferenee on icbeidis^reeing votetoftho two Housed) >upQa 
Senate bill for An Act to fix the .compensation of. Codinty Judgi^sand As- 
sociate Ju^ticesof the ,Couftaof rSesaoos/atid >to i^peal a lika Aatpasml 
April 28^ I860; and appointed Mefors^Hubba^Crabb and Baistooasa 
committee of conference on the disagreeing vote of the two Houeesoii 
Senate bill for An Act in relation to the interest on the the Funded Debt 
of 1852. 

By onder o£ih«^ Senate. 

. Av C- BRADFOBi),. 
Seereteipy. 

April 19, 1868. 

On motion of Mr. Mc^Ieansy the: House went into committee .pf! the^ 
whole, (Mr« Robinson in. the chaiv,)iOn the.^conaidftration of Assembly bill 
for An Act to amend an Act entitled an Act to provide for the levyio^i 
assessing and collecting Public Revenue, approved April 23, 1852, and 
having madiB some pipgtess thereon, the Committee rose and reported the 
same. to the House, and asked leave to sit again. 

Which was granted. 

The hour of 1 o'elocJr, P/ »i^ b$(tint; amv^yth^ Hpjuse tQf^k a lec^ 
until 3 o'clock, P. M. 



The House reassembled at 3 o'clock, P. ^. 

Mr. Garfield moved that Assembly bill for An Act to apportion the Sen- 
atorial and Assembly districts of this State, made the special order for 
this day, be laid over, for the purpose of taking up Senate bill for An Act 
to authorize the Pacific Mail Steamship Company to Ijiold, use and occU' 
py certain lands in the city of Benicta. 

On which the ayes and nays were demanded, and it wa3 deciijed in 
the afiirmative by the following vote. 



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Ancft Q0[] 



44111 



ATES. 



MesflTB. Blake, 


Messrs. Martin, 


Boa««riok, 


McGairy, 


CoDQesd> 


McK»»Tiy, 


CovarnAias^ 


McMeans, 


Crenshaw, 


Ow^tt, 


Estep, 
GarMd, 


Proctor, 


Beading, 


Hally^ 


Bobirson, 


Hoff, 


Saunders, 


Exa^ 


Sime, 


Huse, 


Smttii, 


Irwin, 


WeUs, 


Johnson^, 


' ^ Wiitg, 


LetchoF, 


Speaker— 2R 


• 


S'inPB. 


Heottft. Brudh, ' 


Messrs. Myres, 


Canney, 


•Oliver, 


Carpentier, 


Bedding, 


Ewmg, 


Bogers, 


Kittreage, 


Yeisei— 10, 



Senate bill fer Alt A^ to authorize the Pacific Mail Steatpship Com- 
pany to hold, use and occupy certain lands in the city of Benicia, was 
then taken up. 

Mr. Garfield tnored (hat the bill be read a third time notih, with a view 
of putting it upon its final passage. 

Mr. Canney moved, as an amendment, to add as a proviso the follow- 
ing words : ^' This Act sliall not be jn force until the Govemor shall ratify 
the action and decMm of the -Board of Conmiissioners, appointed ttnder 
Ihe provisions of this Act" 

Mr. Owen mwed ^6 pcevious question, and on the^qtteMieai " Shall the 
main question now be^ put ?" 

The ayes and. nay ft were demanded, and the motiottwas lost by the 
following vote : ' 



▲TIB. 



Messrs. 



Blake^ 


Meaan. Ha%, 


SoBtwcfc, 


Comui^ 


Huse/ 


CardcKo^. 


Knight; 


Covarralnat, 


Letcher, ' 


Crenshaw^ 


Martin, 


Estep, 


McKamy, 


Ewing,, 


Owen^- 


Ommm^, 


Prootor, 


QmBM, ^ 


^J»rT^ 


*Br 


T)igitized 



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460 



VATS. 



Uessn. BoD, 


Messrs. McMeaos, 


Brash, 


Moore, 


Caimey, 
Carpentier. 


Myres, - 

Oliver, 


Fairfax, 


Beading, 


Flower, 


Bedding, 


Herbert, 


Bobinson, 


Hunt, 


Bogers, 


Johnson, 


Sannders, 


Kittredge, 


Sime, 


Mande^e, 


Wells, 


McCandless, 


Teiser, 


McQarry, 


Speaker— 26, 



The question then recurring on the amendment submitted by Mr, Gan- 
ney— 

On which the ayes and nays were demanded, and the amendment was 
lost by the following vote : 



ATBS. 



Messrs. BeU, 


Messrs. Eittredge, 


Brash, 


Mandeville, 


Canney, / 


McEamy, 


Herbert, 


OUver, 


Hunt, 


Bogers— 10. 


1 


VATS. 


Messes* Blake, 


Messrs. Letcher, 


Bostwick, 


Martin, 


Carpentier, 


McCandless, 


Conness, ' 


McGiny, 


Cardoso, 


McMeans, 


Covarrabias, 


Moore, 


Crenshaw, 


Myres, 


Bstep, 


Owen, 


Ewing, 


Proctor, 


Fairfax, 


Beadmg, 


Flower, 


Bedding, - 


Gardner, 


Bobinson, 


Garfield, 


Saunders, 


Hafly, 


Sime, 


Wells, 


Hose, 


Wing, 


Johnson. 


Teiser, . 


Knight^ 


SiAMtaHiS' 




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Google 



AraiL20.] 461 

Mr. Herbert submitted the following, as an amendment to section first : 

Provided^ The said property shall not include more than one hundred 
and fifty yaras running up and down the shore, and the extension shall 
not exceed one hundred and fifty feet into the straits. 

Mr. Hally moved the previous question, and on the question ^' Shall the 
main question now be put V 

The ayes and nays were demanded, and the previous question was 
sustained by the following vote: 

ATEB. 



Messrs. Blake, 


MeSQTSi 


Htise, 


Omness, 




Knight, 


Cardozo, 




Letcher, 


Govamibias, 




MandeviUe, 


Crenshaw, 




MoCandless, 


Estep, 




McKamy, 


Ewiug, 




Owen, 


Fairfax, 




Proctor, 


Gardner, 




Beading, 


Garfield, 




Sanndera, 


HofiF,* 




Sime, 


• 


Teiser-^. 




NATS. 




Messrs. Johnson, 


Messrs 


. BobinsOD, 


McGarry, 




Smith, 


McMeans, 




Wells, 


Beddbg, 




Speaker*-8. 



The question then recurring on the amendment submitted by Mr. Her- 
bert— 

On which the ayes and nays were demanded, and the amendment was 
lost by the following vote : 



AYES. 



Messrs. Bell, 
Ewing, 



Messrs. Leake, 

McMahon"--4. 



NATS, 



Messrs. Blake, 

Bostwick, 

Carpentier, 

Oomiess, 

Oaxdcw), 

Oovarmmii, 



Messrs. Maadevaie, 
McCaodless, 
MoGarrj, 
McEamj, 
McMeaof, 
Moore, 

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482 


[WXOSBSMB^ 


MosjOT^ CwrmHWr « 




MoBfiom. Owen, 


Estep, 
Fairfax, 




Proctor, 
BeadiDgt 


Gardner^ 




Redding, 


Garfield^ 




BohiDSoiiy 


Hally, 




Saunders, 


^Haff, 




Sime, 


Hase, 




Wing, 


JohnsoQ^ 




Yeiser, 


Knight, 
Letcher, 




Speaker— -8S^» . 



The Speaker then stated that the preyious qoestion having been 
tained, the main quertion Tfw the third 'reading of the bill. 

Mr. Herbert appealed from the decision, and on the qtiestkMi, ^ Shall die 
decision of the Chair stand as the opinion of the House V* 

The ayes and aaya were demanded, and the decieioB vds sustained 
by the following vole : 



Messrs. Blake, 


Messrs. Eittredgtt,^ 


Bostviek, 


EnigUi,. 


Brush, > 


Letcher^ 


Carpeidaev^ 


MandeviQ% 


CSonnesa^ 


McCandless^ 


Gard<MB(>, 


McGarry, 


f Covarrubias, 


McKamy, 


Crenshaw, 


McMahon, 


Estep, 


McMeans, 


Ewing, 


♦ Oliver, 


Fairfax, 


Owen, 


Gardner, 


ProctoTy 


Garfield, 


Beadbg, 


HaUy, 


Robinson, 


Hofl^ 


Snne, 


Hunt, 


Wing, 


Huse, 


Teiser— 34. 




NAYS. 


Messrs. Bell, 


Messrs. Moore, 


Cannejj . 


Bedding) 


Herbert, 


Rogers^ 


Johnson, 


Saunders, 


Leakey 


Wells— 10. 



The question then beings "Shall the bill be now read a third tftiie 1»* 
On which the ayefi^and nays were demanded, and the bill^^as ordered 
to a third reading, by the following vote : 



Digitized by VjOOQIC 



ArjiB^20;} 



468 



JYMB. 



Messrs. Blake, 

JBostwick^ 
CarpeQtaer, 
ConnesSy 
Cardoso^ 
Oowrabiair, 
Crerisliair^ 
Estep^ 
Ewing, 
Fairfax^ 
Flower, 
Gardner, 
Gaifield, 
Hally, 



Messrs. 



Huge, 

Jolmsoii, 

Knight, 

Leteher, 

Maode^Ie, 

McOany, 

McEaay, 

Owen, 

Prootor, 



Bedding, 
BobinsoQ, 
Smith, 
Wing— 29. 



WAlr». 



Mtessns* 



Bell, 

Brush, 

Canney, 

Herbert, 

Hunt, 

Irwin, 

Eittredge, 

Leake, 

McFariand, 



Messrs. 



McMahon, 

McMeans, 

Moore, 

Oliver, 

Bogers, 

Saunders, 

Sime, 

Wells, 

Speaker — ^13. 



The bill was then read a third time. 
Mr. McCandless moved to adjourn. 

On which the ayes and nays were demanded, and tliB House refused 
to adjourn by the following vote : , 



ATBS. 



Messrs. Bell, 


Messrs. 


McMahon, 


Brush, 


' 


McMeans, 


Canney, - 




Oliver, 


Carpentier, 
Herbert) 




Proctor, 




Bogers, 


Eittredge, 




Saunders, 


Leake, 




Smith, 


MerediA, 




Welb, 


McCandless, 




Teiser, 


McGany, 




Speaker— 20 



Digitized by VjOOQ IC 





464 [WBHraBDAT, 




HATS. 


Messrs. Blake, 


Messrs. Irwin, 


Bostwick, 


Johnson, 


ConneL'i, 


Knight, 


Caidozo, 


LeJoher, 


Covarrabias, 


MandevUie^ 


Crenshaw, 


McFarknd, 


Estep, 


McKamj, 


Fairfax, 


Owen, 


Gardner, 


Beading, 


Hally, 


Bedding, 


Hoff, 


' Bobinson, 


Hunt, 


Sime, 


Huse, 


Wing— 26. 



The Speaker then stated the question to be, '' Shall the bill now be 
passed?" 

Mr. Conness moved the previous question, and on the question, " Shall 
the main question now be put ?" ^ 

The ayes and nays were demanded, and the motion was sustained by 
the following vote : 

ATES. 



Messrs. Blake, 


Messrs. Huse, 


Bostwick, 


Johnson, 


Conness, 


Letcher, 


Cardozo, 


MandeviUe, 


Covarrubias, 


Owen, 


Crenshaw, 


Proctor, 


Estep, 


Reading, 


Ewing, 


Bedding, 


Fsdrfax, 


Bobinson, 


Gardner, 


Sime, 


Garfield, 


Smith, 


Hally, 


Wing— 25. 


Hofl^ 






KAYS. 


Messrs. Bell, 


Messrs. Meredith, 


Brush, 


McFarlioid, 


Canney, 


McGarry, 


Carpentier, 


McMeaos, 


- Flower, 


Moore, 


Herbert, 


OUyer, 


Hunt, 


Bogers, 


Kittredge, 


Wells, 


Leake, 


8peakfr~18 



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Aran. 20.] 



455 



The main question was then put, and on the question, '^ Shall the bill 
now be passed ?" 

The ayes and nays were demanded, and the bill was passed by the 
following vote : 



ATES. 



Messrs, Blake, 


Messrs. Huse, 


Bostwick, 


Johnson, 


Conness, 


Knight, 


Cardozo, 


Letcher, 


Covamibias, 


MandevUIe, 


Cr'^nshaw, 


McGarry, 


Es^ep, 
Fairfax, 


McMeaos, 


Moore, 


Flower, 


Owen, 


Gardner, 


Proctor, 


Garfield,. 


Reading, 


Haily, 


Redding, 


Harrison, 


Robinson, 


Hoflf, 


Smith— 28. 




NATS. 


Messrs. Bell, 


Messrs. Meredith, 


Brush, 


McFarland, 


Canney, 


McEamy, 


Carpentier, 


Myres, 


Ewing, 


Oliver, 


Herbert, 


Rogers, 


Hunt, 


Sime, 


Eittredge, 


Speaker— 16. 



Mr. Bostwick submitted the following report : 

Mr. Speaker: 

The Joint Committee on Enrollment report that, 
They have this day eccamined and found correetly enrolled. An Act to 
provide for the Incorpomtion of Wagon Road Companies. 

JOHN H. BOSTWICK, 

Assembly Committee. 

On motion, at 6 o'clock, P. M., the House adjourned. 



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46ft [IbUBOMLl 



HOUSE OF ASSEMBLT. 

THUB8DAT, April 21, 1868. 



The House met purauent to adjournment. 

The Speaker in the chair. 

The roll was called by the Clerk, and flie followiog wfifmm were ab- 
sent: _ . 

Messrs. Lrwm, Martin Moore, Reading of Trinity, Wing mA Y eiser. 

On motion of Mr. Thomas, leave of absmice was granted for one day to 
Mr. Irwin. 

The Journals of Tuesday and Wednesday last were read aad approTcd. 

Mr. Sime moved that Mr. Taylor, one of the members else* from San 
Francisco, be requested to come forward, b^ sworn, and take his b^* m a 
member of this House. 

Which was agreed to. 

And Mr. Taylor then came forward, presented his certificate (f ^^^tion, 
was sworn, and took his seat as a meah^ of this Housb. 

Mr. Fair&x presented the memorial of the Common Council of the ^^j Qf 
MaiTSville, relating to certain asMdments to the charter of that dtF* 

Which was read, and referred to the, Committee on Corporations* 

Mr. Fair&x also presented the potion of citizens of the cilrf of Marysville 
praying for certain anueodments to the charter of that city. 

Which was read, sod referred to the Committee on Corjporotions. 

Mr. Mandeville, ieoax tiie Committee on Roads and Highways, reported 
back Assembly bill for An Act concerning Roads and Byways, without 
recommendation. 

The report was adopted, and the bill laid on the table, and ordered to be 
printed. 

Mr. Thomas, from the Committee on Engrossed Bills, reported as cor- 
rectly engrossed, An Act to authorize the construction of a Wagon BoMBbd 
from Humboldt Bay to the Sacramento vaUey, approved April 28, 1852^ 
and the report was adopted. 

The biU was then taken up, read a tUrd tiaae, and passed. 

Mr. Bostwick, from the Joiat Gonmittee on Enrolled BSIs, reported as 
correcdy enrolled An Act to provide for the incorporation of Riulroad Com- 
panies, and the report was adopted. 

Mr. Flower, frcnn the San Francisco delegation, reported back Assembly 
bill for An Act to provide for the moreperfect indexing and classifying of 
the Land Records of the oovmty of San Francisco ; also, An Act to provide 
for the more perfect indexing and classification of the Land Records of the 
city and county of San Francisco, with a substitute and recommended its 
adoption. 

The report was adopted, and the substitute, with the bills, was laid on ifae 



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April 2;LJ 4ST 

A mesafige trmr i^seeiVed fiom iha Senate, informiBg ili6 Assemb^ thai 
. they did, on t&e IStk instant, pass an Act to amend tbe fo«irteen& section 
of an Act <ioncerning ^ office of Cormtj Treasarer, passed Maaroh 27, 
1850; I 

Also, An Act concerning Notaries Public ; 

And Assembly bill for an Act to provide for the erection of a Jail in Sac- 
ramento county. 

Senate bill for An Act to amend tHe fourteenth, section of an Act con- 
cerning the office of County Treasurers, passed March 27, 1850, was then 
read a first time, and laid over under the rules. 

Senate bill for An Act concerning Notaries Public^ was then read twioe, 
and referred to the Judiciary Committee. 

Senate bill for An Act to amend an Act entitled an Act to establish a 
standard of Weights and Measures, passed March 30, 1850, was then taken 
up, and referred to the Committee oii C(»mmerce. 

Assembly bill for An A^pt for the relief of David W. Jenkins, was then 
taken up, read a second tmie, and referred to the Committee on Claims. 

Mr. Bostwick presented a communication from A. G. KimbaH, tendering 
his resignation as Enrolling /Clerk of this House ; which was road^ and acr. 
ceptedl 

Mr. Bostwick moved that the House now proceed to elect an Enrolling 
Clerk in place of Mr. Kimball ; which was agreed to. 

Mr. Bostwick nominated R. H. Dearmg. 

The House then proceeded to elect an Enrolling Clerk. Whole ojunbcnr 
of votes, 42 ; Necessary to a choice^ 22. 

Those who voted for Mr. Bearing were : 

Messrs. Bell, Bla&e, !Bostwick, Canney, Conness, Gardozo, Covarru\>ia8, 
Crenshaw, Estep, fiwing, Fairfax, Flower, Gardner, Garfield, HaUy, Hai> 
risen, Herbert, Hoff, Hunt, .Huse, Johnson, Leake, Letcher, Man(i9viUe, 
McFarland, McGarry, McKamy, McMeans, Oliver, Owen, Proctor, Rob- 
iiison^ Boeers, Saunders, Sime, Smith, Taylor, Thomas, Tilghman^ Walber, 
Wells, and Mr. Speaker — 42. 

Mr. Bearing having received a majority of all the votes cast, was de* 
dared duly ele(^ted. 

Mr. Bearinjg came forward, was sworn by the Speaker, and entered upon 
' his duties. 

Mr. Owen, on leave, introduced a bill for An Act m relation to thef divi« 
non of Counties and the removal of County Seats. 

Which was read a first time, and laid over under the rules. 

Mr. Fairfax, on leave, introduced a bill for An Act to amend an A^ en* 
titled an Act to establish a system of Common Schools. 

VThich was read twice, and referred to the Committee on Edacation. 

On motion of Mr. McMeans, Assembly bill for An Act to suppress gam- 
bling, made the special order for this day, was taken up, and laid on tha 
table. 

On motion" of Mr: McMeaiis, the House 'then went into committee of tiia 
'wbole (Mr. Mandeville in the chair,) on the consideration of •Assemtity hill 
lor An Act to amend an Act entitled an Act to provicb for the ' 
•68 r^ 

Digitized by vjOO^ 



wtty mil 
Wrag, 



458 [Thubsdat, 

aaaettbg, and coQ^ctbg pablic reyentie, approved April 28d, 1862 ; and 
having made some progresa thereon, the committee rose and reported the 
same, and asked leave to ait again, which was granted. 

The hoar of one o'clock havmg arrived, the House took a recess nniil 8 
o'clock. 



The House re-assemblcd at 8 o'clock, P. M. 

A message was received^ informing the Assembly that the Senate concur- 
red on the 20th instant in the report of the committee of conference, on the 
disagreeing vote of the two Houses upon Assembly bill for An Act in rela- 
tion to the interest on the funded debt of 1852. 

And passed, on the 19th instant, An Act supplemental to an Actto regor 
late Elections, passed March 28, 1850. 

And passed this day a bill for An Act to extend and better define the 
powers and duties of the City Council of the city of Sacramento, to author- 
ize the establishment of free schools in said city, as a subsfitute to Assem- 
bly bUls Nos. 164 and 179. 

Senate bill for An Act to extend and to better define the powers and da- 
ties of the City Council of the city of Sucramento, and to authorize the es- 
tablishment of free schools in said city, was then taken up, read twice, the 
rules suspended ; it was then read a third time and passed. 

Senate bill for An Act supplemental to an Act to regulate Elections, 
passed March 28, 1850, was wen read a first time, and laU over under the 
rules. 

Mr. Carpentier, on leave, introdaced a bill for An Act to amend an Act 
to create the county of Alameda, and establish the seat of Justice therein, 
to define its boundaries, and provide for its organization. 

Which was read twice, and referred to the select committee on that sub- 
ject appointed 6n yesterday. 

On motion of Mr. Conness, Assembly bill for An Act for (he relief of Cal- 
vin Valpey, was taken from the table, and the House went into committee 
of whole, (Mr. Redding of Tuba in the chair,) on the consideration of the 
bill, and having considered the same, the committee rose and reported the 
bill back to the House, with an amendment, recommended the passage of 
the bill, and asked to be discharged from further consideration of the sub- 
ject. 

Which was granted. 

The House then Ooncurred in the amendment, and the bill was read a 
third time and passed. 

On motion of Mr. Yeiser, Senate bill for An Act to amend an Act enti- 
tled an Act declaring certain rivers and creeks navigable, passed February 
18th, 1851, was taken from the table, and referred to the committee of the 
whole House. 

Mr. Robinson moved that the Hooao now go into committee oC the whole 
•ft Ibe bill. 

Wluch wai Mt agreed to. 



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Apiul 2L] 



459 



Mr. Coime8»moTed to leoondder the vote by which the House Feftised 
to ffo into committee of the whole. 

On which the ayes and nays were demanded^ and the Tote was reconsid • 
ered by thelfollowing vote: 



AYES. 



Messrs. Bell, 


Messrs 


. Kittredge, 


Blake, 




Leake, 


Brush, 




Letcher, 


Canney, 




McFarland, 


Conness, 




McGarry, 


Ewing, 




McMeans, 


Fairfax, 




Moore, 


Garfield, 




OUver, 


Hally, 




Thomas, 


Hoff, 




Tilghman, 


Hunt, 




Wells, 


Huse, 


NAYS. 


Ye]ser~24. 


Messrs. Carpentler, 


Messrs 


. McEamy, 


Gariiozo, 




Owen, 


Crenshaw, 




Proctor, 


Estep, 




Beading, 


Flower, 




Bedding, 


Gardner, 




Bobinson, 


Johnson, 




Bogers, 


Knight, 




Speaker— 16 



On motion of Mr. Canney, the House then went into committee of the 
whole (Mr. Taylor in the chair) on the consideration of the bill ; and hay- 
ing considered the same, the comnuttee rose, reported the bill back with 
amendments, recommended that it be passed, and asked to be discharged 
from further consideration of the subject. 

Which was granted. 

The amendments were then concurred in, and the bill read a third time 
and passed. 

Mr. Johnson submitted the following report, which was read, and, with 
the accompanying papers, laid on the table : 

To the Sanorable the AsBembly 

of the State of California : 

The Select Committee, to whom was referred tUe bill entitled An ^t to 
change the namo of Contra Costa County, and to create a new county to 
be called Contra Costa ; also. 

An Act to amend an Act to create the county of Aleffi^a j^id estaf^Iiah 



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Google 



460 '{Ymaxi^ 

Hm Seat of Justice tireretn, to define its tnandflries and primde for its or- 
ganization ; 
' Together neith sundry aecompaaTiDg petitions, etc. : 

Would respectfully report back the first mentioned biH^ and recommend 
its indefinite postponement. 

Also report back the amendatory Act, so amended as to designate the 
elections therein mentioned, on the third Monday of May, and, as amended^ 
recommend its passage. 

AU of which is x^speotfuQy submitted. 

F. M. KITTREDOfi, Chairman ; 
J. CONNESS, 
B. B. REDDING, 
' J. NEELY JOHNSON. 

Mr. Leake gaTe notice that he would, on to-morrow, move to reconsider 
the vote by which the House passed, on the 20th instant, Senate bill for 
An Act to authorize the Pacific Mail Steamship Company to hold, use, and 
occupy certain Jaods in the city of Benicia. 

On motion, at 6 o'clock, P. M., the House adjourned. 



HOUSE OF ASSEMBLY. 

Friday, April 22, 1833* 

Itouse met pursuant to adjournment. 

The Speaker in thj chair. 

The roll was called by the Clerk, and the following members were found 
absent t 

Messrs. Bell, Carhart, Covamibias, Fairfax, Gardner, Garfield, Hally, 
Irwin, Leake, Martin, Meredith, McMeans, Moore, Redding of Yuba, 
Smith, Thomas and Yciscr. 

On motion, leave of absence vras granted to Mr. McCandless for one 
week, and to Messrs. Irwin and Thomas two days each. 

Mr. Kittredge presented the petitian of <:ertain citizens of Santa Cruz 
County, praying tor a reduction of the salary of the County Ju'^ge of that 
county. 

Wtiich was read, ind lard on the tabte. 

Mr. Oweo, from the Committee on Corpoiation% reported back . 

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Afbil 22.] 



461 



bly bill for An Act suppletnentary to the Ax^ incorporating the City of 
Marysville, with an amendment, as a substitute for all after the enacting 
clause. 

On motion of Mr. Redding of Yuba, the House then went into con- 
sideration of the bill. 

The amendment was then adopted, and the bill considered engrossed, 
read a third time, and passed. 

Mr. Cardozo, from the Committee on Commerce, reported back Senate 
bill for An Act to amend an Act entitled an Act to .establish a standard of 
Weights and Measures, passed March 3D, 1850, without amendment, and 
recommended that the bill be passed. 

The report was adopted, and the bill was then read a third time, and 



Mr. Blake submitted a resolution rescinding the rule whereby this 
House holds two daily sessions. , 

Mr. Conness moved that the resolution be laid on the table. 
On which the ayes and nays wei;e -demanded. 
And the motion to lay on the ta|}Ie was lost by a tie vote : 



ATES. 



Messrs. Bostwick, 


Messrs 


Knight, 


Con&eaSy 




Letcher, 


Crenshaw, . 




Mandeville, 


Estep, - 




McFarlaAd, 


Ewing, 




McM^n, 


Garfield, 




Owen, 


Hally, 




Robinson, 


Harrison, 




Sime, 


Herbert, 


• 


Taylor, 


Hunt, 




Wells, 


Hose, 




Speaker— 23, 


Kittredge, 


> NATS. 




Meesis. Blake, 


Mesan 


r. Moore, 


Oanney, 




Myres, 


Carpentier, 




Prootor, 


Cardozo, 




Beading, 


Flower, 




Redding, 


Gardner, 




Rogers, 


Hoff, 




Saunders, 


Johnson, 




Tilghttao, 


Leake, 


^ 


Walker, 


McGarry, 




Wing, 


1 * MeKam^, 




Yeiser— 28. 


McMeans, 







The question then pecurriHg on the atibption of the rdsolutiou, the ayes 
tnd nays were demaaded. 

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402 
And the resolution was lost by the foUowingTote : 



4;frd)ay, 



AYE9. 



Messrs. 



Blake, 


Messrs. Moore, 


Canney, 


Mjres, 


Carpentier, 
Gardozo, 


Procter, 


Beading, 


Flower, 


Rogers, 


Gardner, 


• Sannders, 


Johnson, 


Smitii, 


Leake, 


Tilghman, 


Meredith, 


Walker, 


McGarry, 


Wing, 


McMeans, 


Yeisep— 22. 




NAYS; 


Bostwick, 


Messrs. Knight, 


Gonness, 


Letcher, 


Govarrubias, 


MandevUle, 


Grenshaw, , 


MeFarland, 


Estep, 


McKamj, 


Ewing, 


M<3Mahon, 


Garfield, 


Oliver, 


Hally, 


Owen, 


Harrison, 


Bedding, 


Herbert, 


Bobinson, 


Hoff, , 


' Sime, 


Hunt, 


Taylor, 


Huse, 


Wells, 


Kittredge, 


Speake^-28. 



Mr. Garfield, on leave, introduced a Joint Resolution instructing the 
Secretary of State to furnish F. A. Snyder with two copies of the Statutes 
of each of the preceding sessions of the Legislature. 

Which was read a first time, the rules suspended, it was then read a 
second time, the rules were then further suspended, and the resolution 
was read a third time and passed. 

Mr. Canney gave notice that he would, on to morrow, move to amend 
the rule of this House whereby it holds two sessions daily. 

Mr. Moore, from the Committee on State Prisons, submitted the follow- 
ing report, which was read and adopted : 

Mr. Speaker : ^ 

The committee appointed to visit the State's Prison, and to report on its 
site and the con^iition and discipline of its inmates, respectfully submit : 

That we consider the site most eligible for health, salubrity of climate, 
safety of prisoners, proximity and abundance of mateiiajbi to furnish the 
inmates with appropriate occupation. \ „^^ ../;...; t 

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April 22.] 



46S 



They found the Prison in most admirable condition, considering ihe 
limited facilities possessed at the present time. The prisoners enjoy ex- 
cellent health, are comfortably clad, apparently under good discipline, 
cheerful, and express themselves well pleased with their general treat- 
ment 

They cannot too strongly urge the necessity that'exists for the erection 
of a State's Prison of some description, at any rate such portion of it as 
will tend to the greater security of the prisoners. The ship in which the 
prisoners are at present confine<i, is totally, inadequate for such purpose. 
But we refrain from recommending any particular plan, as the whole 
matter will shortly be fully presented for the consideration of this Hoiv^, 
a bill having been introduced into the Senate embracing the entire sub- 
ject 

PHIL. MOORE, 

Chairman. 

A message was received from the Senate, informing the Assembly that 
they passed, on yesterday, with an amendment. Assembly bill for An Act 
for dividing the County of Los Angeles, and making a, new county there- 
fiom to he called San Bernardino County. ' 

The bill was then taken up by. the House, and the Senate amendment 
concurred in. 

Mr. Gonness introduced a resolution prohibitmg the introduction of any 
new business into this House, after the 28th day of April, 1858. 

Mr. Sogers moved that the resolution be laid on the table. 

On which the ayes and nays were demanded, and the House refused to 
lay on the table by the following vote : 

AYES. 



Messrs. Garpentier, 


Messrs. McFarland, 


Crenshaw, 


MoMahon, 


Herbert, 


Moore, 


Johnson, 


Proctor, 


Leake, 


Beading, 


Mandeville, 


Rogers, 


Meredith, 


Wing— 14. 




NAYS. 


Messrs. Blake, 


Messrs. Letcher, 


Bostwick, 


McGarry, 


Brush, 


McKamy, ' 


Ganney, 


McMeans, 


Gonness, 


Oliver, 


Cardozo, 


Owen, 


Ewing, 


Bedding, * 


Flower, 


Bobinspn, 


Gardner, 


Saunders, 


Oafiieldi 


Sime, 


lUly, 


DBttUI,' 




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484 



PtoAT, 



Mesm. HuTisoD, * 


Messrs. Taylor, 


Hoff, 


Tilghmaoi, 


Hant, 


Walker, 


Huse, 


Wells, 


KittrcdgOy 


Speaker— 33 


Enight, 


^ 



Mr. Robinson sabmitted a resolution, as a sabstitute, ^< that no new busi* 
ness shall be introduced into this House after Wednesday next, without tiie 
consent of three-fourths of all the members present.'* 

Which was tead, anid laid on the table. 

The question then recurring on the adoption of the original resolution, i 

On which the ayes and nays were demanded, the resolution was lost by 
the following vote : 



ATES. 



Messrs. Bell, 

Canney, 

Conness, 

Ewing, 

Flower, 

Gardner, 

Garfield, 

Harrison, 

Hoff, 

Hunt, 



Messrs. 



Huse, 

Letcher, 

McGarry, 

Oliver, 

Owen, 

Redding, 

Sime, 

Taylor, 

Walker-19. 



NAYS. 



Messrs. Bostwick, 
Brush, 
Garpentier^ 
Cardozo, 
Covarruhias, 
Estep, 
Hally, 
Herbert, 
Johnson, 
Eittrcdge, 
£night, 
Leake, 
Mandevilk 



Messrs. 



Meredith, 

McFariand, 

McKamy, 

McMahoiiy 

Moore, 

Proctor, 

Reading, , 

Robinson, 

Rogers, 

Smith, 

Tilghman^ 

Wells, 

Wing— 26* 



Mr. Wells submitted the following resolution, which was read and adopt- 
ed: ' 

JResolvedj That the. Senate be respectfully requested to take action upon 
Assembly bill entitled An Act to ascertain and providei fev the payment 
(^tbe debt due from Snnii oounfy to Yuba oooatyi 

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MsfJ* 32.] 



m 



Mr. Leake sabmitted a resolution .t(j» ^P?^^^ ^ committee of five to inyes- 
tigate the matters connected with the' &te election in the county of San 
Francisco for five members of Assembly. 

Mr. Gonness moved that the resolution be laid on the table. 

Mr. Johnson moved a call of the House, which was^ sustamed. 

And on the roll being called, the following membei^ were absent : 

Messrs. Garhart, Fairfox, Leake, Martin, McMahon^ Myre|»^ Redding of 
Yuba, Yeiser and Mr. Speaker. 

On motion of Mr. W4ls, the Sergeant-at-Arms was dispatched to bring 
in the absentees. 

Messrs. Yeiser and Leake appeared, were admitted^ excused, and took 
iheir seats. - - •' 

The question then recurring on the motioh to lay the resolution on the 
table. 

The ayes and nays were demandei^^ wd the House refused to lay on the 
. table by the following vote : • 

# 

AYES. 



Messrs. Canney, . 


Messrs. Moore, 


Gonness, 




Re'ading, 


Gardner. 




Reddiiig, 


Hally, ' 


. 


Smith, 


Huse, 




Tilgbman, 


Knight, 
MpFarland, ^ 




Wells, 
Yeiser— 1^ 


McGarry, 


IfXYS. 




Messrs. Bell, 


Messrs 


. Kittredge, 


Blake, 




Leake, 


Bostwick, 


• 


Letcher, 


Brush, 




Maodeville^ 


Carpenti^r, 
Caroozo, 




Meredithj 




McKamy, i 


Covarrubiaa, 




McMahouj 


Grenshaw, 




McMoans^ 


Estep, 




Oliver, 


Ewing, 




Ow^Mi, 


Harrison, 




Proctor, 


Herbert!^ 




Robiospn, 


Hoff, 




Rogers, 


Hunt, 


- 


Wing— 29. 


. Johnsqn, 







Mr. Bostwick moved ihi^t the resolutjloin be indeQi^itie|y postponed. 
On which the ayes and nays were demanded, and it was deci4Qd ia ,t||^ 
aflirmative by the following vote : 
•69 



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466 



[Pbdjat, 



ATES. 



Messrs. Bostwick, 


Messrs. McGarry, 


Canney, 

Carpentier, 

Conness, 


Moore, 
Myres, 
Owen, 


Garfield, 


Proctor, 


Hoff, 
Huse, 


Beading, 
Bedding, 
Smith, 


Knight, , 
Letcher, 


Tilghman, 
Wells— 21. 


McFarland, 






KATS. 
f 


Messrs. BeU, 


Messrs. Leake> 


Brush, 


* Mandeville, 


Cardozo, 


Meredith, 


Crenshaw, 
Estep, 
Ewing, 
Harrison, 


McKamy, 
McMahon, 
McMeans, 
Bobinson, 


Hunt, 


Bogers, 
Walker, 


Johnson, 


Kittredge, 


Wing— 20. 



Mr. Wing, from the Committee on Engrossed Bills, reported as correcily 
enjgrossed An Act for the relief of Oalvin Valpey ; also 

An Act supplementary to the Act incorporating the city of Marjrsyille, 
and the report was adopted. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled, An Act to provide for the compilation and publication of 
the Laws of the State of California and the payment thereof; and also 

An Act to authorize the Board of Supervisors of Los Angeles county to 
levy a special tax for the erection of County Buildings ; also 

An Act to provide for the erection of a Jail in Sacramento county, and 
the report was adopted. 

Mr. Bostwick, from the same committee, reported that they had, this day, 
presented to the Governor for his approval. An Act to provide for the incor- 
poration of Wagon Road Companies ; also 

An Act to provide for the incorporation of Railroad Companies, and the 
report was adopted. 

The following communication was received from the Treasurer of State. 

Which was read, laid on the tablCj^ and two hundred and forty copies or- 
dered to be printed. * 



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An9Lr^2.] 467 



^TATB TrEASURBB'S OiTTCB/ 

- ' Benicia, April 22, 1853. 



! 



To the Hon. Jbaac B. Wdll^ 

Speaker of the Awemtly : 

Sir: - - 

In reply to a resolution of jour honorable bodj, passed- the 19th instant, 
I submit die following statement of receipts : ^ ' 

From the Commissioners of the Funded Debt •f the city of San 
Francisco, January 26, 1862, per John W. Geary, Presi- 
dent, $1,000 00 

February 1, 1853, - - , - - - 10,000 00 

April 7, per D. W. Connely, - - - - 212 50 

" 8, " Wm. Hooper, Secretary, ... 7,000 00 

$18,212 50 
From the city of San Francbco, March 26, 1858, per Hiram 

Pierson, ... . . . $1,312 50 

$19,525 00 

All of which has been received by me upon orders from the Comptroller 
of State according to section seven of An Act prescribing the mode of re- 
ceiving, keeping and paying out the Public Funds, passed January 31, 
1850, (page 52 Statut^fl of 1850.) 

Respectfully yours, ' 

RICHARD ROMAN, 

State Treasurer. 

Mr. Hally, on leave, introduced a bill for An Act to establish Public 
Pounds for the safe keeping of Stray Animals in this State. 

Which was read a first time, and laid over under the rules. 

The hour of one o'clock having arrived, the house took a recess until 8 
o'clock, P. M. 



The House re-assembled at 8 o'clock, P. M. 

Air. Conness submitted a resolution to prevent the introduction of any 
nei^ bills into this House after Thursday next, without the conaent of two 
thirds of the members present. 

On the adoption of which, the ayes and nays were demanded, and the 
resolution was lost by the following vote : 



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i 



Messrs. Oanney, 
Gotmess, 
Ewing, 
Gardner, 
Garfield, 



icljarry, 
McKamy, 
Owen, .. 



Mess] 



Messrs. Bell,. 
Brush, 
Carpentier, 
. Crenshaw, 
E?tep, 
Hally, 
Harrison, 
Herbert, 
Hunt, 
. Kittr^dge, 



AYBS. 



"■(vmt, 



Mes8i9', 



Bobinpon,* 
launders, 
Sime, 
Smith, 

;»• 

Speak< 



IT. 



NATS. 



Messrs. Mandeville, 
. McFarland, 
McMeans, 
Moore, 
Myres, 
Proctor, 
Beading, 
Bogers, 
Wmg— 19. 



^ , Mr* HoFarlaiii^, mpyed .to iaike; xf^ Assembly bill for AA Act to prOTide 
^Ibr ihe indigent Sick, made ihe special order for this day. 
Which was agreed to. 

- On motion of Mr. MandeyiUe, the 3^^ ^^ went into committee of the 
whole, (Mr. Canney in the 'chair,) on the consideration of the bill, and hav- 
ing ma^ ^f^, prp^as. thereon, the committee rose, and reported the same, 
and^a^d /eave to sit s^un. 
VVmch was granted. 



:r: ii^i 



On motion, at 6 o^clook, P. M., tEeBonsp a<ijoiime4. 



"/• . J 



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i*i&^%:] U9 



HOUSE OF ASSEMBLY. 

' Batorday, April $3, 1868. 

Tlfe l^biise met pursaanft to adjournment. 

The Speaker in the Chair. 
J !Pie roD was called by the plerk, and the following members were absent : 

Messrs. Carhart, Conneas, Ewing, Gardner, Garfield, Hunt, Letcher, 
Mandeville, Martin, McGarry, McMahon, Moore, Reading of Trinity, Bed- 
3in2 of Tuba, Walker, Wing and Yeiser. 

On motion, leave of absence wad granted to Messrs. Ewing and Mande- 
rille until Tuesday next ; and to. Mr. McMahon for two dfiys ; and to 
Messrs. Hunt and Letcher each one day. 

The Journal of Friday last was read and approved. 

Mr. Owen, from the Committee on Corporations, reported back Assembly 
bin for An Act to incorporate the city or Monterey, without amendment, 
and recommended that it be passed. 

The report was adopted, and the bill considered engrossed, read a third 
time, and passed. 

Mr. Crenshaw, from the Committee on Claims, reported back Senate bill 
for Ajq Act to provide for the pavment of certain persons, therein named, 
for services rendered and materials furnished, with a recommendation that 
the same be passed. 

The report was adopted, and thp bill was then considered in committee of 
the whole, reported back without amendment, and the committee discharged 
firom further consideration of the subject ; when the bill was read a third 
time and passed. 

Mr. Hally submitted the following report, which was read and adopted. 
(Relative to Tule Lands — see AppSidix, No. 62.) 

Assembly bill for An Act to improve tiie Tule Lands, and to encourage 
the cultivation of Sugal:,'Bice and Cotton, was laid on the 'table. 

Mr. Wells submitted the following report, which was read and concurred 
m: ' ' 

Mr i President : 

The committee of feonfetence on .the disagreeing rotes of the two Houses 
on the Act to fix the compensatidn of the County Judges and' Associate 

' Justices of the Court of Sessions, have had tiio subject under consideration, 
and beg leave to submit .the following amended list of the classes aiM' com- 
pensation of County Judges, together with amendments to sectians 8 and 4, 

* and r^cdttonend theif adoption, and the passage of the biU thus ameitded. - 

April 21, 1868. 

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let. — Of the county of San Francisco, - - - $7,500 

2(1. — Of the countiefl of Sacramento, San Joaquin a)id Mariposa, 

each, - - - - , - - 5,000 

8d. — Of the counties of Galaveras, Tuolunme, El Dorado, Yuba, 

Nevada and Placer, each, - - - - 4,000 

4th.— Of the county of Solano, - - - - 8,000 

5th. — Of the counties of Butte, Sutter, Shasta, Sierra, Trinity, 

Alameda, Contra Costa and Yolo, each, - - 2,500 

6th,* — Of the counties of Tulare, Napa, Sonoma, Colusi, Marin, 

Santa Clara, and Humboldt, (when organized,) each, 2,000 

7th. — Of the counties of Los Angeles, Siskiyou, Klamath and 

Monterey, each, - - - . - - 1,500 

.8th, — Of the counties of Santa Barbara and Santa Cruz, each, 1,200 

9th.: — Of the counties of San Diego and .San Luis Obispo, each, 1,000 

Section 3. Strike out the»word "five," in second line — insert, instead, 
" (Bight." Strike out word " two," in fifth line— insert, instead, " three." 

Section 4. Lisert after the word " hereafter," in the third line, tiie 
following : " Provided, that the County Judges of Placer, Nevada, Trinity 
and Klamath shall be cntitjed to receive, during their ternd of office, the 
salaries fixed by this Act— deducting therefrom the amount of moneys they 
have already received for their compensation as such Judges." 

C. F. LOTT, 

J..W. COFFROTH, . 

S. C, FOSTER, 

Senate Comnritiee. 

T. WELLS, 

J. W. MANDEVILLE, 

B. F. MYRES, 

Assembly Committee. 

A message was received, informing the Assembly that the Senate^ did, on 
ihe 20th instant, pass An Act to provide Aaron D. Blanchard and Samuel 
Stephens with duplicate warrants in lieu pf certain warrants lost or destroy- 
ed; and 

An Act to provide for the pay and compensation of Maj. James Bimej, 
as paymaster to troops called into service of this State in defending our 
eastern frontier from the hostilities of Indians under an Act passed March 
17, 1851. 

Senate bill for An Act to provide Aaron D. 3lancliard and Samuel Ste- 
. phons with duplicate warrants in lieu of certain warrants lost or destroyed, 
^was then read a first and second time,, and referred to the Committee on 
.Indiaix Affairs. . , • -^ 

Senate bill for An Act to provide fbr di^ pay and eomjjensation of Mjyor 
JasQes Bimey, as paymaster to troops called into the service of this State in 
defending our eastern frontier from the hostilities of Indians under an Act 



Digitized by VjOOQIC 



AraiL 28.] 



471 



passed March IT, 1861, was tben read« fint and second time, and referred 
to the Committee on Indian Affairs. ^ - i: 

Senate bill for An Act sapplemeatal to Ah Act to regulate Elections, 
passed March 23, 1850, was then taken up, read a second time and referred 
to the Judiciary Committee. * 

Assembly bill for An Act in relation to the dlyisjon of Counties and the 
removal of County Seats, was then taken up, read a second time, and refer*: 
red to the Committee on Counties and County Boundaries. 

Senate bill for An Act to amend the fourteenth section of An Act con- 
cerning the office of County Treasurer, passed March 27, 1850, was read a 
second time and laid over under under the rules. 

Mr. Carpentier moved to take from the table Assembly bill for An Act 
to amend an Act to create the county of Alameda and establish the Seat of 
Justice therein, to define its boundaries and provide fer its organization. 

On which the ayes and nays were demanded, and the motion was lost by 
the following vote : 

ATES. I 



Messrs. Blake, 


Messrs 


. Knight, 


Brush, 




Proctor, 


Canney, 




Redding, 


Carpentier, 


" * 


Rogers, 


Conness, 




Sime, 


Cardoso, 




Taylor, 


Hally, 




Tilgfaman, 


Johnson, 




Speaker — 17 


Kittredge, 

1 


NATS. ' \ 




Messrs. Covarrubias, 


Messrs. 


► Myres, 


Crenshaw, 


•• . ' 


Oliver, 


Estep, 


t 


Owen, 


. Harrison, 


. 


Reading, 


Herbert, 




Robinson, 


Hoff, 




Saunders, 


Huse, 




Smitii^ 


Meredith, 




Wells, 


McKamy, 




Wmg-:19. 


McMeans, 







Mr. Hoff, from the Judieiary Committee, reported back Senate bill for 
An Act concerning Notaries Public, with amendments, and recommended 
that it. be passed. I' 

The report was -adopted, and the bill amended, read a third time and 



On motion of Mr. Blake, 'Assembly bill for An Act to abolish the offices 
^f Commissioners of the Funded Debt of San Francisco, was taken from tke 



Digitized by VjOOQIC 



472 » [Satcrdat, 

table^ and made tkQ special ordet fpt WiB<beeday next, Ajml 21, 18^, at 
12 o'clock, M. 

Mr. Carpeatier moved that the ^^ proposed amendments to the Conatita- 
lion," sabmitted bj him to this House, on the second day of Febrqarj last, 
be taken from the table and ordered to be printed. 

On which the ajes and nays were demanded, and it was decided in the 
affirmative by the following vote : 

AYES. 



Messrs. Blake, 

Bostwidk, 
Brush, 


Messra. Johnson, 

Kittredge, 
Meredith, 


Carpentier, 

Conness, 

Crenshaw, 


McKfuny,. 

Myres, 

Obver, 


Flower, 


Owen, 


Hally, 
Harrison, 


Redding, < 
Taylor, 


Hoff, 
Huse, 


Wing, 
Speakej>-22. ^ 




NATS. 


Messrs. Bell, 
Eatep, 
Herbert, 
Knight, 
Leake, 


Messrs. Reading, 
Robinson, 
Saunders, 
Sime, 
Smith, 


McMeans, i 


Wells— IS. 


. Proctor, 


, 



On motion of Mr. McMeans, the House then went into comnuttee of die 
whole (Mr. Hejdenfelt in the chair,) on the consideration of Assembly bill 
for An Act to amend an Act entitled an Act 'to provide for t|[ie levying, 
assessing and collecting of the Public Revenue, approved April 23, 1852, 
and having considered the same, rose, and reported it back, and asked tp 
be discharged from fiirther consideration of the subject. 

Which was granted. 

Mr. McMeans moved that the House now proceed to consider the amend- 
ments to the bill. 

Which was agreed to. 

The question then being on the adoption o£ the first amendment to aoction 
second, s 

Mr. Canney moved a call of the House, which was sustained^ and on the 
xoU being called^ the foHowing metabers wwe fiiund absent : 

Messrs. Blake, Cardozo, Govarrubias, Ewing, Fairfax, Gardner, Herbert, 
Hoff, Meredith, McFarland, McQarry, McM&qd; Oliver, Saunders, Sime, 
«ad Smith. 

The Sergeant-ai-Arms was dispatched to bring in the absentees. 

Digitized by VjOOQIC 



April 23.] 



473 



On motion^ farther procdedmgs under the call were dispensed with. 
Mr. Bostwick submitted the following report, which was read and adopted : 

Mr. Speaker: 

The Joint Committee on EnroUment report, that the; have this' day pre- 
sented to the Governor, for his approval, An Act to provide for the erec- 
tion of a JaU in Sacramento cocintjw 

And An Act to provide for the eomj^tion and publication of the Laws 
of tiie State of California, and the pajmeat tibereof. 

And An Act to authorize the Board of Supervisors of Los Angeteg 
county to levy a special tax f(» the erection of County Buildings. 

JOHN H. BOSTWICK, 
AssemUy Committee. 

A message was received firom the Governor, informing the Assembly that 
he did, on tibe 22d instant, approve An Act to provide for the incorporation 
of Wagon Road Companies ; 

Also, An Act to provide for the erection of a Jail in Sacramento oounl^. 

Mr. McGtoy, at 12i o'clock, P. M., moved to take a recess until 8 
o'clock, P, M. 

On which the ayes and nays were demanded, and the House took a recess 
by the following vote : 

ATBS. 



Messrs. Brush, 


Messrs. Leake, 


Canney, 


McGarry, 


Conness, 


McKamy, 


Oovamibias, 


McMeans, 


Estep, 


Owen, 


Garfield, 


Bogecs, 




Taylor, 


HeydenfeUt, 


Wells, 


Johnson, 


Speaker— 19. 


•Eittredge, 


/ 


/ 


NAYS. 


Messrs. Carpentier, 


Messrs. Beading, 


Crenshaw, 


Beddmgy 


Flower, 


Bobmson, 


HaUy, 


Saunders^ 


Huse, 


Sime, 


Knight, 


Walker, 


Proctor, 


Wing^li, 



*60 



Digitized by VjOOQ iC 



474 



[fe 



ATUBDAT, 



The Hoose re-assembled at 8 o'clock^ P. M. 



On motion of Mr. Mc Means, the House reflumed the eotisideratioii ^ the 
aaaendmdnts to Assembly Irill for An.A^t to anieod an Act ex^tled ati Act 
to provide for the levying, asseating^JuidcoUeetfaftg pobUc revetiae, approved 
A|mi2af,1852. 

The first amendinidnt to dection 2, to strike out the word ^f forty^" and 
insert the word eighty^ was then r^ad, when Mr. Canney moved that tike 
Hoose ad6pt the same* 

Ob which the ayes and nays were demanded, and the amendment was 
loflt by the following vote : 

/. aybIs. 



Messrs. B^, 


Messrs. Meredith, 


Brash, 


. . McMeans, ' 




Myres, 
Oliver, 
Bedding, 
Robinson, 


Heydenfeldt, 


Rogers, 
Wells— 17 


HoflF, 






NATS. 


Mefcrs. Gardozo, 


Messrs. Owen, 


Covarmbiasi 


Proctor, 


Garfield, 

Hally, 

Herbert, 


Saunders, 
Sime, 

Smith, 


Hu8e,\ 
Johnson, 
• Kittredge, 
Knight, 
McKamy, 
Moore, 


Taylor, 

Tilghman, 

Walker, 

Winff, 

Speakei^^l 



Mr. Hoff moved to lay the bill on the table. 

On which the ayes and nays were demanded, and the bill wbi lud on the 
table by the following vote ; 



ATBS. 



M^siiB. JBell, 
Blake, 



Messrs. McEamy, 
McMeans, 



Digitized by VjOOQIC 



Apbil23,1 



m 



Mesflis. Brush) 


Messrs. Moore, 


Cahney, 


Myres, 


Connesfl) 


OBtw, 


Cardoix), 


Proctor, 


Efltep, 


BeadiDg, 


Merbort) 


Beddin{^ 


Hoff, ' 


RobinsOD, 


Huse, 


Wells, 


Johnsoi^ 


. Leake, 


Wing— 26. 


MeredUih, 




I ■* < ! . 


' WATS. 


Messrs. Bostwick, 


Measie. Knight, 


Carpentier, 


Owen, 


' Covarrabias, 


Rogers, 


Crenshaw, 


Sannders, 


Flower, 


• Sime, ' 


Garfield, 


Snuth, 


Hally, 


Taylor, ' 


Heydenfeldt, 


Walker, 


Eittredge, 


Speaker— 18. 



On motion of Mr. McMeans, the House went into committee of the whole 
(Mr. Gnighman in the phair) on the consideration of Assembly bill for Ab 
Act to provide for the indigent sick, and having made some progress thereon, 
the committee rose, reported the same, and asked leave to sit again. 

Which was granted, and the bill laid on the table. 

Mr. Herbert moved to reconsider 'Ihe vote by which the House, on ye»* 
terday, indefinitely poc^poned a resolution to appoint a Committee of five to 
investigate the matters connec^d with .the late election in San T^rancisoo 
county for five members of Assembly. 

Mr. Moore moved to lay the motion to reconsider on the table. 

On which the ayes 9^i nays were demanded, and tilie l^ouse refused to 
lay the mot^jop^ the table by the following vote : ^ ' 



▲TES. 



. CpnnesSji 
Estep, 
Hally, 
Knight, 
Moorej 



Messrs. Bell,' 
Blake, 
Brushj 



Messrs. OEver, 
' Reading, 
Reddmg, 
Wells, 
SpAakeifp-^0. 



NATS. 



Messrs. Kithredge, 
Leake,' 

Digitized by VjOOQ IC 



4*76 



[Saturday, 



Messrs. Caimey, 

Carpentier, 

Caraw>i 

Covarrabiaa, 

Crejiabaiff, 

Herbert, 

Hofif, 

Hose, 

Irwix^ 

Johnson, 



Messrs. McEamy/ 
McMeans, 
Myres, 
Owen, 
Proctor, 
Rogers, 
Smith, 
IHIdimaD, 
Walker, 
Wmg— S6. 



Mr. Leake moved the previous question-'-aQd on the question, ^^Shall tiie 
main question now be put ?" the ayes and nays were demanded, and it was 
decided in the affirmative by tiie following vote : 



ATBS. 



Messrs. Bell, 


Messrs. 


Leake, 


Blake, 




MerecUth, 


Brush, 


\ 


McKamy, 


Cardo«0| 




McMeans, 


Covarrubiaq, 




Owen, 


Herbert, 




Sogers, 


Hoff, 




Tilghman, 
Wdker, 


Huse, 




Johnson, 




Wing— 19. 


Kittredge^ 




■ ■ 


. 


HATS. . 


■ 


JMessrp. Oanney,^ 


toessrs. 


Oliver, 


Carpentier, 




Beading, 


. Conness, 




Bedding, 


Flower, 




Snuih, 


Hatty, 




Wells, 


Heydenfeldt, 




Speaker— 18. 


Myres, 







The main 'question was tben put. 

On which ^e ayes and nays were demanded, and resulted as follows ; 



AYBS. 



Messrs. BeU, 
Blake, 
Brush, 
Carnentieri 
Caraozo, 
Oovarruhi^0, 
Herbert, 



Messrs. Meredith, 
McEamy, 
McMeans, 
Myres, 
Owen, 
Rogers, 
< Tillman, 



Digitized by VjOOQIC 



April 23.] 

Messrs. Hoff, 

Eittredge, 
Leake, 



Messrs. Cannej, 
Estep, 
HaUjr, 
Huse, 



477 



Messrs. Walker, 

Wing— 19. 



NATS. 



Messrs. Ofiver, 
Wells, 
Speaker— 7. 



No qnoram votmg. 

Mr. Bostwick submitted the following report, which was read and adopted : 

AssBMBLT, April 23, 1852. 
Mr. Speaker: 

The Joint Comnuttee on Enrolled BiUs, report that they have examined, 
and find correctlj enrolled, An Act to extend and to better define the powers 
and dutie^ of the City Council of the citj of Sacramento, and to authorize 
the establishment of free Schools in siuid city ; also. 

An Act to authorize the. Pacific Midi Steamship Company to hold, use, 
and occupy certain lands in the city of Senicia ; and also, 

An Act in relation to the interest on the Funded Debt of 1852. 

JOHN H. BOSTWICK, 

Chairman of Assembly Committee. 

Mr. Canney, at 6 o'clock, P. M., moved that the House adjourn until 
Monday next, at 7i o'clock, P. M. 

On which the ^es and nays were demanded, and the House adjourned 
imtil 7i o'clock, F. M., on Monday next by the .following vote : 

AYB8. 



. Blake, 


Messrs. Oliver, 


Canney, 


. B.eading, 


Cardozo, 


Redding, 


Covarrubias, 


Robinson, 


Estep, 


Saunders, 


Flower, 


Sime, 


Hally, 
Heydenfeldt, 


' Smith, 


Taylor,^ 


Huse, 


Well&-19 


Myres, 


' 



Digitized by VjOOQ IC 



4XS . ^Mqndat, 



KATS. 



Messrs. 



Ben, 


Messrs. Meredilih, 


Brush, 
Gonness, 


McEamj, 
McMeans, 


Herbert, 


Owen, 


Hoff, 

Eittreage, 
Emght, 
Leake, 


Rogers, 
Walker, 

Speakei^ie 



HOUSE OF ASSfiM!feLY. 

^Monday, April 25^ 1.853. 

, The House imet pursuant to adjournment. 

The ^poaker in the chair. 

The roll Wjas cal]ied hj Ih^e Clerks ^d the following members were absent : 

Messrs. Canney, Carhart, Carpentier, Covarrubias, Fairfax, Garfield, 
jp^rrison, Herbert, Hoff, Hionfi, J.QJ^qp, ^eaike, Lpt^her, McJVlt^Qny'Bo- 
gers, Smith,' and Wing. ' " . /* 

The Journal of Saturday last was read and approved. 

The foIlo.wing message Wias received from the Senate : 

Mr. Speaker: 

The Senate passed, on the 2lst'in8tant, An Act supplementary to an Act 
to provide for the appointment igid prescribe the duties of Gi^^ians, passed 
April 19, 1850. ^ " . ' 

And on the 22d, An Act authorizing the Board of Supervisors of San 
Diego county to levy a special tax for the erection of a C6un(jr Jail. 

Aiid a Gondurrent Resolution authorizing Dr. John B. Trask to report 
more fully upoti the unoccupied mineral lands upon the eastern borders of 
the Sacramento and San Joaquin .valleys. 

And on the 28d instant. An Act to authorize the issue of a duplicate 
twelve per cent war bpnd to John C. Johnson. 

And on the 25th instant. An Act amendatory of and supplementary to 
the Act to regulate proceedings in civil cinses in the coUrts'of justice of this 
State. 

Digitized by VjOOQIC 



AraaiiS.] 479 

And the Senate respectfully requests that the Ads^iibly will recede Ift'om 
its vote adopting the report of the committee of conference on th^ disagt'eii-' 
iug vote of the two Houses on An Act to fiz the compensation of Couiitj 
Judges and Associate Justices of the Courts of Session, and to repeal a like 
Act passed :^2d April, J852 ; and that the delegations f^ob Placer aiid 
San Fran9ispo counties, in the. Assembly, be appointed as a. cotnmHtee of 
free conference, to act with a similar committee of the Senate, to agre'6 upon 
the compensation of the County Judges of their respective counties. 



Bj order of the Senate. 



26th April, 1853. 



A, C. BRADFORD, 

Secretary. 



Senate bill for An Act supplementary to an Act to provide for the ap- 
pointment and prescribe die duties of Guardians, passed April 19, 1850, 
was then read twice, and referred to the Judiciary Committee. 

Senate bill for ^' An Act authorizing the Board of Supervisors of San 
Biego county to levy a special tax for the erection of a County Jail, was 
then taken up, read twice, and referred to the delegation from San Diego 
county. 

Senate Concurrent Resolution authorizing Dr. John B. Trask to report 
more fully upon the unoccupied mineral lands lipon the eastern borders of 
the Sacramento and San Joaquin valleys, was then taken up, read, and 
referred to the Committee on Mines and Mining Interests. 

Senate bill for An Act to authorize the issue of a duplicate twelve per 
cent, war loan bond to John C. Johnson, was then read twice, and referred 
to the Committee on Claims. 

Senate bill for An Act amendatory of and supplementary to the Act 
entitled an Act to regulate proceedings in civil cases in the Courts of Justice 
of this State, was then read twice, and referred to the Judiciary Committee, 
and two hundred and forty copies ordered to be printed. 

On motion of Mr. Siiiie, the House reconsidered the vote by which the 
report of the committee of conference on the disagreeing vote of the two 
Houses on 'Senate bill for An Act to fix the compensation ojf County Judges 
and Associate Justices of the Court of Sessions, and to repeal a like Ajct 
passed April 22, 1850, was adopted. 

The Chair then appomted the delegations from the counties of Placer and 
San Francisco as a committee of free conference on the disagreeing vote of 
the two Houses on the bill. 

Mr. Redding of Yuba presented the following report of Professor John B. 
Trask, on the Qeology of the Sierra Nevada or California Range. (See 
Senate Appenmx, No. 59.) 

Mr. Redding submitted the foUowmg resolution; which was laid over un* 
der the rules : ^ 

Buolvedy That 2000 copies of the Geological Report of Professor Trask 
be printed for the use of the Assembly. 



Digitized by VjOOQ IC 



480 



[Monday, 



Mr. McGandless moved to take from the table Assembly bill for An Act 
for the suppression of driDkiag bouses and tippling shops. ' 

Which was agreed to. 

Mr. Meredith then submitted a report adverse to the passage of fite bffl. 

Which was read, and laid on the table. 

Mr. Proctor moved to strike out the enacting clause of the bill. 

On which the ayes and nays were demanded, and the motion was lost by 
the following vote : 



AYES. 



Messrs. Crenshaw, 


Messrs. Oliver, 


Estep, 


Proctor, 


Flower, 


Saunders, 


Emght, 


Sime. 


Meredith, 


Wells, 


McGarry, 


X Teiser, 


Myres, 


Speakei— 14 




NAYS. 


Messrs. Bell, 


Messrs. Martin, 


Blake, 


McCandless, 


Brush, 


McFarland, 


Caldwell, 


McKamy, 


Cardozo, 


McMeans, 


Ewing, 


Moore, 


Hally, 


Owen, 


Heydenfeldt, 


Reading, 


Huse, 


Redding, ■ 


Irwin, 


' Robinson, 


Kittredge, 


Taylor, 


Mandevaie, 


Valker— 24. 



Mr. Proctor moved that the bill be indefinitely postponed. 
On which the ayes and nays were demanded, and the House refused ixy 
indefinitely postpone by the following vote : n 



AYES. 



Crenshaw^ 

Estep, 

Flower, 

Knight, 

MerecUth, 

McGarry, 



Messrs. 



Myres, 
OBver, 
Proctor, i 
Sime, 
Speaker — ^11. 



Digitized by VjOOQIC 



Aivi-^mji 



491 



TSUMki 



Belli 


MiWit. McQaiidkw* 


TSlMka^t 


McFarluid,: 


B0BtlRQk» 


McKfto^i 


Brweb, > 




Caldiri^n, 


Moore, 


Ewing, 


Beading, 


Hally, 


Bedding, 


B«y!iiffireI4t| 


Bobinson). 


Haw» 


Taylor, 


Irwin; . 


. Walker, 


Kittredge, 


WeUe--28. 


Maikle^) 





Mr. Redding of Yuba moyed that the bill be considered engrossed, and 
read a third time now. 

Which was agreed to. 

The bill was then read a third time, and on the question, ^^ Shall the bill 
now be passed ?" 

The ayes and nays were demanded, and the bill was lost by the following 
▼oto : 



ATB8. 



Messrs. Bell, 


Messrs. McEamy, 


Blake, 


. MpJVIeans, 


Estep, 


Reading, 


Ewing, 


Robinson, 


Irwb, 


Taylor, 


Knliedg0, '- 


Walker, 


Martin, 


Wells— 16. 


McCandless, 




) 


VAtB^ 


. Mesm; Beatwiek, 


Mmub. MoFariaiid, 


Brush, 


MoGany^ 


Ciddwflll, 


M66re, 


CrenrioMr,. 
Flower, 


QOver, 


Haiy, ..: ^ 


PmM, 


HeydeiMdtL'. 




•KiS^t, 


. Hkmam^ 


Mandeville, 


Yeiser, • 


Meredith, 


6peakex^2aL 


JSmf\m\a^tmfSMai9 jlw 


' tit'.rf . .' 1 J . . 


•« 


. '<**.•▼ • ' r \'t 




Digitized by VjOO^ 



482 t [T«&8»i4)r A 

Tide for the incorporation of CompaDieg for the oonETtmction of Plank or 
Turnpike Roads. 

Which was read twice, and referred to the Committee on Corpomlio&a. 

Mr. Owen, agt<6edble b notice, introduced a bill for An Act to locate a 
State road from the city of Benicia to the city of Sacra0i6iiti|k 

Which was read a first time, and laid ovei/under the rulee. • 

Mr. Proctor, on leave, introduced a bill for An Act explaniatory and sup- 
plementary to an Act proTiding an additional War Fund, ap|ii^y^d April 16, 
1853. ' -^ 

Which was read twice, and referred to the Judiciary Coimpifitee. 

Mr. Redding of Yuba gave notice, that he would, on to-iiio^row, intro- 
'duce a bill for the preAieetion of persons owning timber, logs, and lumber 
floating upon water or carried upon adjoining lands. 

On motion, at 10 o'clock, P. M., the House adjoumedL' 



. i.i : J . i. & 



I'l ui »< i "..':i ., Of" 



' HOUSE OP ASSEMBLY. ;. 

% 

. . u . ; TuBSDAYjLApirJI 36, 1868. 

The House met pursuant to adjournment. .t.: i . 

The Speaker in the chair. 

The roll was called by the Clerk, aad tiie following members were absent : 

Messrs. Canney, Carhart, Garnentier, Gardner, Harrison, Hoff, Hunt, 
Johnson, Leake^^I^tobiry^AIafiiaDaless, McMahoh, Rogesfa^fiiiuth and^ftalk- 
er. •... •)'»!/. \'/ , • , ^ i 

On motion, leave ofahabnce for one day was granted tor^M^asrs. Leake, 
Rogers, Hoff, Hunt, Jiobison, Harrison, Canney and I^ftdittr. ' > 

The Journal of Mo^idaty last was road and approved. , p ,* i ^^ 

Mr. McMeans subMstixfd the following report. (Relative la iSie accruing 
interest on the DeUntfhbhEi Stat»— see Appendix, NA«jfi&()j'v'.ii 

Which was read, a^itwo thousand copies ordered to be jposiid. 

Mr. McMeans i^iteddUed, with the foregoing report, ^i:bili>for An Act 
concerning the civil .iDdebfedness of the State. toniv^jisrui/ 

Which wadLlMcba&B|imd second time, when ^AnWy.jV. 

Mr. Flower moved that the bill be referred to the Judiciary Committee. 

the MiMrmg vote: 

, Digitized by VjOOQIC 



, , Asmh 26.] 



tl83 



;iAi»38. 



Messrs. ConnesB) . i 


Messrs. Proctor, ' 


Coyarrubias, 


IlQbif«on, ' 


Grem^aTT) 


Sounders,) 


Estep,;.. 


Sieae, . 


Flower,. . 


. Tfrj^Jor, 


Hejdpnfeklt, 


Thomas^ 


McGarrji 


Speakepr— 14. 


, , 


NA,YS. 


Messrs. Blake, 


Messrs. Knight, . 


Brash, > 


Mandeville, 


Gardozq, 


Martm, 


Ewing, ; 


Meredith, 


Garfield, 


McFarland, 


Hally, 


McKamjr, 


Herbert, 


Owen, 


Hnse, 


Redding, 


.Irwin, 


Wells, 


Eittredge, 


Win^Tr2«. 



Mr. Herbert mored that the bill be referred t6 a select, oommittee of five. 

Which was agreed to. 

The Chair appointed, as such committee, Messrs. Herbert, McMeans, 
Reading of Trinity, Robinson and Crenshaw. 

Mr. Heydenfeldt gave noticie that on to-morrow he woald introduce a bill 
to provide for the construction of a Canal from Tulare Lake to. the waters 
of =the San Joaquin. '' * • 

Also, a bill to fix the term of office of Public Administrators. 

Also, a bill amendatory of An Act to create a Board of Supervisors for 
ihe counties of this State and to define their duties and powers, pawed May 
3d, 1852; 

On motion of Mr.. Bedding of Yuba, the rescdution to print 200d'0iopies 
of the Geological Report of Prof. Trask, was taken from the table and 
adopted. , . 

Mr. Garfield, on leave^ introduced a bill for An Act to auth6rize Coonty 
Recorders to admiiuster oaths in certain oases. 

Which was read a first and second time, and referred to the Judiciary 
Committee. 

On motion of Mr. Bime, Senate' Concurrent Resolution to adjourn dne die < 
•on Wednesday, the ^eleventh day of May, at 2 o'clock, P. M., was taken, 
from the table. 

Mr. Herbert moved to amend the resolution by striking out the word 
*< eleventh,'' and insert, in Heu therorf^ the word ** fourth." 

Wbioh was not^agreed to. 

Mr. Sime moved that the resolution be adopted. 

On which the ayes and nays i^ere demanded, andl ttti fijtese adopted the 
rMolutum by ih» following vote } ^^^ ««v^wu me 



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484 



{[MONlJ^Ty 



AYB8. 



Messrs. Bostwick, 


Messrs. McCandless, \ 


Caldwell, 


McFarl&nd, 


Conness, 


McGarry, 


Coyamibiagy 


MeKamy, 


Crenshaw, 


McMeans, 


Estep, 


Owen, 


Ewmg, 


Proctop, 


Flower, 


Bobinson, 


Garfield, 


Saunders, 


Hally, 


Sime, 


Herbert, 


Taylor, 


Heydenfel^t, 


Thomas, 


Huse, 


Wells, 


Kittredge, 


Teiser, 


Knight, 


Speaker— 31, 


Martin, 






NATS. 


Messrs. Blake, 


Messrs. Meretfith, 


Brush, 


Moore, 


CardoBOy 


Oliver, 


Irwin, 


Bedding, 


Mande?ille, 


Wing~10. 



Mr. McA^eans gare notice that he would, on to*inorrow, move to recon-^ 
nder the vote just taken, 

Mr. Conness submitted the followmg resolution, which was read and 
adopted. r 

lte$0hed^ That until otherwise ordered by two-thirds of this House, no 
member shall be allowed to speak for a longer period than five minutes, 
either in the House or in the committee of the whole. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported 'as 
correctly enrolled, An Act for dividing the o^iunty of Los Angeles and mak- 
ing a new county therefrom, to be called San Bernardino county. 

And the report was adopted. 

Mr. Crenshaw moved to take from the table Assembly bill for An Act to 
amend an Act entitled an Act to provide for the levying, assessing' and col- 
lecting Public Revenue, approved April 28d, 1852, as amehdea in com- 
committee of the whole. 

Which was agreed to. 

The House then proceeded to consider the amendments reported by the 
committee of the whole House, commencing with the second amendmej|t to 
the 2d section. 

Which was Adopted. 



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April 26.] 



485 



The amendments to section three, to strike oat the word '^ forty,'* and 
insert the word " eightj," were rejected. ^ 

All other amendments to the third section were then adbpted. 

All the amendments to the fourth section, with the exception of the pro* 
tIso at the end of section, were also adopted. 

The question then being on the adoption of the following amendment to be 
added to the fourth sectipn : ' 

^^ Provided, that under the provisions of this Act, mining claims shall 
not be considered property." 

Mr. Conness moved a call of the House. 

On which ttie ayes and nays were demanded, and tBe call was sustained 
by the following vote : 

ATES. 



Messrs. Blake, 


Messrs. McMeans, 


Brush, 


Myres, 


GaldweU, 


Oliver, 


Conness, 


Owen, 


Cardozo, 


Proctor, 


Crenshaw, 


Reading, 


Flower, 


Redding, 


Hally, 


Saunders, 


Herbert, 


Sime^ 


Irwin, 


Taylor, 


Knight, 


Thomas, 


Mandeville 


Wells, 


Meredith, 


Wing— 26. 




' NATS. 


Messrs. Estep, 


Messrs. McKamy, 


Ewing, 


Yeiser, 


Huse, 


Speaker — 7, 


Kattrodge, 





The roll was then called by the Clerk, and the following members were 
absent : — Messrs. Bell, Carpentier, Covarrubias, Fairfax, Gardner, Harri- 
son, Heydenfeldt, McOandless, McGarry, Moore, Smith and Walker. 

Messrs. Moore, McGandless, McGarry and Fairfax appeared at the bar 
of the House, were admitted, excused, and tiiok their seats. 

The question then recurring on the amendment as a proviso to be added 
to the fourth section of the bill. 

On which iiie ayes and nays ^&e demfoided, the amendment was adopted 
hj the following vote : 



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A86 



[TuwAr, 



MYES. 



.Messrs 


. Blake, Meesrs. Mandeville, 




Bostwick, Meredith, 




Brush, McCandless, 




Caldwell, , * McFarland, 




Conness, McMeans,./ 




Cardozo, ' Moore, 


, 


Crenshaw;! Mjres, 




Estep, Oliver, 




Fairfax, ' Owen, 




Flower, ,.. . Beading, 




Garfirtd, - . Bedding, . 




Hally, * Thomas^ 




Herbert, Wells, 




Heydenfeldt, Wing, 




Irwin, Yeiser, 




Knight, Speaker— 82. 




NAYS. 


Messrs 


. Covarrubias, Messrs. McKamy, 


' 


Ewing, Proctor, 




Huse, Saunders, 




Kittredge, • Sime, 




Martin, ' Tayk)r— 10. 


Mr. Bostwick submitted the following report, which was adoj 


Mr. Speaker: 



The Joint Committee on Enrolled Bills report that they have this day 
presented to the Governor for his approval — 

An Act to extend and to better define the powers and duties of the Oty 
Council of the city of Sacramento, and to authorize the establishment of 
Free Schools in said city ; also. 

An Act in relation to the interest on the Funded Debt of eighteen hun- 
dred and fifty-two ; and 

An Act to authorize the Pacific Mail Steamship Company to hold, use 
and occupy certain lands in the city of Benicia ; and 

An Act for dividing the county of Los Angeles and making a new county 
therefrom to be called San Bernardino county. 

JOHN H. BOSTWICK, 

Assetnbly Committee. 

The hour of one o'clocfk ha^'i'ig arrived, tiie House took a recess nntil S 

o*clock. 



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jk^krs aeg • ' 487 



The House re-aaeembled at 3 o'clock, P. M. 

On moiioxi of Mr. McMeans, Assemblj bill for An Act to provide for the 
measurement of Lumber, was taken np. 

The House went info committee of the whole (Mr. Mjres in the chair) 
on the consideration of thjeil)ffl y and hAying) cjElilsidei^ the same, the com- 
mittee rose, and reported it back to the House with amendments, and recom- 
mended that it be, passed, and asked to be dischiegrged from farther consid- 
eratioQ.pi^ tl^ subject. « . . > 

Which was 'granted. 

The amendments to the bill reported bj the committee of the whole* were 
then concurred in, and the bill was ordered engrossed tor a third reading on 
to-morrow. ♦ 

Mr. Irwin submitted a resoluiion authoiizing the Clerk of Assembly to 
enmlojf^ , . ' 

Wmch was read" and adopted. 

A message was received from the Governor, informing the Assembly th%t' 
he this day approved An Act dividing the county of Los Angeles, ana miJc* 
ing anew county therefrom,, to be cdled San Bernardino county. 

Mr* QoQ^ess submitted a j^esolution discha^gmg all the clerks employ e|l 
by the cckntuHtees of this House, . ., 

Which was read and adopted. 

Mr. Gonness aabtdto be exonsed. from ^^^ng on the select con^mittet, 
to whom wasreferred Assembly bill fbr^A^ Act concerning the oivjl indebt- 
edness o£ the State. 

iWhioh was granted. 

And the Chair appointed Mr. Redding of Yuba to fill the vacancy. 

Mr. Thomas; hcan the Gonunlbkee od fingroased Bills, reported as cor- 
recftly engMesed, An Aei to.ine9vp<aato tbe oily of Monterey* 

And the report was adopted. 

On motion, at 6 o'clock, P. M., the House acyoumed.. 






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4Wf [WwuBWAf, 



HOUSS OF ASSfiMBLT. 



Wbdnbsdat, April 27, 1858. 

tThe House met pureoant to adjournment. 

The Speater in the chair. 

Th,e roil was called by the Clerk, and the following members were 
absent : 

Messrs. Bell, Harrison, Leake, Letcher, McCandless, McM ahon, Moore, 
ai^d Smith. 

uh motion, leave of absence for two days was granted to Mr. Harrison. ' 

^ttie Journal of Tue^ay last was read and approved. 

Mr Saunders presented the memorial of the Board of Supervisors of 
the County of San Francisco, praying for certain amendnients in the Act 
creating a Board of Supervisors in the Counties of this State, and defining 
their duties, &c. 

Which was read, and refisTred to the ^udidary Oommittea 

'iltr. €^shaw, from tfte Cotemttt^ on Claims, Reported baelc Senate 
bill for An Act to authorize the issue of a duplicate twelve per cent; War 
Loan Bond to John C. Johnson, without amendment, and recommended 
its passage. 

'The report was adopted,^ tfndthe bUl teadoa third thm and passed. 

Mr. Crenshaw submlAed the foUowing report, iDelafiLve lo daimof P. A. 
Brinsmade. (See Appendix, No. 54.) 

Which was read alid adppted< . 

Mr. Johnson, from the Judiciary Committee, reported back the petiti(»i 
of citizens of Sacramento City^ pra3ring that the moneys due oq the for- 
feited recognizance of Fanny Smith alias Seymour, be paid to Albeit 
Putnam, with a bill for An Act for the relief of Albert Putnam. 

Which was read a first time, when 

Mr. Conness moved that the bill be rejected.' 

On which the ayes and nays were demanded. ^ 

And the House refused to reject by the following vote : 

ATBS. 

Messrs. Conness, Messrs. Wing, 

Meredith, Speakex^— 5. ' 

Simo, « ^ 



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JlrBQiS?.] 



489 



NATS. 



Messrs. Blake, 


Messrs. Enight, 


Bostwick, 


Leake, 


Brush, 


Martin, 


CaldweD, 


McFarl^nd, 


Canney, 


McKamj, 


Carpentier, 


McMeans, 


Cardozo, 


Myres, 


Crenshaw, 


Oliver, 


Estep, 


Owen, 


Gardner, 


Proctor, 


Hally, 


Robinson, 


Hofif, 


Rogers, 


Huse,' ^ 


Saunders, 


Irwin, 


Taylor, 


. Johnson, 


Tilghman, 


Kittredge, 


WelU-32. 



Mr. Canney moved that the rules be suspended, and that the bill bd 
read a second time no\v. 

Which was agreed to, and the bill was then read a second time. 

Mr. Proctor moved that the bill be referred to the committee of the 
whole House. 

Which was agreed to. 

On motion of Mr. Proctor, the House then went into committer of the 
whole (Mr. Mandeville in the chair) on the consideration of the bill, and 
having considered the same, the committee rose and reported the same 
back, recommending that it be passed, and asked to be discharged from 
further consideration of the subject. 

Which was granted. 

Mr. Caimey then moved that the rules be further suspended, and that 
the bill be read a third time now, with a view of putting it upon its final 
passage. 

Which was agreed to. 

The bill was then read a third time, and on the question, '' Shall the 
bill now be passed?" 

The ayes and nays were demanded. 

And the bill was passed by the following vote : 

AYES. 



Messrs. Blake, 


Messrs. Kittredge, 


Canney, 


Knight, 


Carpentier, 


Martin, 


' Cardozo, 


McGarry, 


Covarrubiaa) 


McMeans, 


Estep, 
Fairfax, 


•• • SK5 ■ 


Vkfwte, 


. OWMH 


^ 





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490 



[Wtmiiam, 



Hally, 
Herl>ert, 


Proctor, 


Robinson, 


Heydenfeldt, 


Saundera, 


Hunt, 


Thomas, 


Huse, 


' Tilghman, 

Walke]w*-28. 


JobxiflOD, 




NAYS. 


Messrs. Bostwick, 


Messrs. Irwin, 


Bi^ishy 


MandevHle, 


CaldweU, 


Meredith, 


Coimefls, 


McCandless, 


Crenshaw, 


Taylor, 


Gardner, 


^ Wells, 


Garfield, 


. Wmg, 

Speaker— 16- 


Hoff, 



Mr. Yeiser, from the Judiciary Committee, reported back Senate bill 
for Mn Act 8upplemei>tary to an Act to provide for the appointnoent, and 
prescribe the duties, of Guardians, passed April 19, 1850, and recom- 
mended Uiat it be passed. 

The report was adopted, and the bill was read a third time and passed. 

Mr. Yeiser, from the Judiciary Committee, reported back Assembly 
bill for An Act to authorize County Recorders to administer Oaths in cer- 
toin cases, and recommended that the same be passed. 

The report was adopted, and the bill was read a third time under a 
suspension of the rules, and passed. 

. j!|r. Yeds^^ from the Judiciary Committee, reported back Assembly bill 
for An Act explanatory and supplementary to an Act providing an addi- 
tional War Fimd, approved April 16, 1853, and recommended that the 
Wimetbe piia$ed. 

IVhe report was adapted, and the bill was then considered engrossed, 
read a third time and passed. 

Mr. Kittredge, from- the Committee on Agriculture, reported back As- 
a^tpbly hill fi>^ An Act for the destruction of certain noxious Animals, 
and recommended that the same be indefinitely postponed. 

The report was adopted, and the bill was then indefinitely .postponed. 

Mr. Gardner, from the Committee on. ^ines and Mining Interests, re- 
ported back Senate Concurrent Resolution authorizing Dr. John B. Trask 
to report more fully upon the unoccupied mineral lands of the Sacramento 
and San Joaquin Valleys, with a recommendation that the same be 
passed. 

The question was thqn taken upon the adoption of the resolution, and 
it was lost 

Mr. Yeiser, from the judiciary Committee, reported back Assembly bill 
for An Act to au^hQri2;e the Treasurer to issue four duplicate School Land 
Warrants, and recgmmtonded that it be indefinitely postponed. 

The report waa j^kdfQif^} and the bill indefinitely pos^&iai- 



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April 27-] 



491 



Mr. Thomas, from the Committee on Engrossed Bills, reported asisor 
rectly engrossed, An Act to provide for the Measurement of Lumber. 

And the report was adopted. 

The bill was then taken up, amended, read a third time, and on the 
question, ^^ Shall the bill now be passed?" 

The ayes and nays were demanded. 

And the bill pas6ed by the following vote : 

AYBS. 



Messrs. Bell, 


Messrs. Meredith, 


Blake, 


McGarry, 


Brush, 


McMeand, 


Cardozo, 


Moore, 


Covarrubias, 


Oliver, 


Estep, 


Owen, 


Herbert, 


Proctor, 


Hoff, 


N Rogers, 


Hunt, 


Saunders, 


Huse, 


Sime, 


Irwin, 


Thomas, 


Johnpon, 


Walker, 


Kittredge, 


Wells, . 


Knight, 


Wing— 29. 


Martin, 






NAYS, 


Messrs. Bostwick, 


Messrs. Heydenfeldt, 


Caldwell, 


Mandeville, . 


Carpentier, 


McFarland, 


Conness, 


Myres, 


Flower, 


Robinson, 


Garfield, 


Taylor, 


Hally, 


Speaker— 14 



Mr. Heydenfeldt, agreeable to notice, introduced a bill for An Act to 
amend an Act entitled an Act concerning the office of Public Adaiinistia- 
tor, and making it elective, passed April 15, 1851. 

Which was read twice, and referred to the Judiciary Committee. 

Mr. Fairfax, on leave, introduced a bill for An Act to allow private 
parties to file information in the nature of quo warranto. 

Which was read a first and second time, and referred to the Judiciary 
Committee. 

Mr. Heydenfeldt, agreeable to notice, intmduced a bill for An Act to 
provide for the construction of a Canal from Tulare Lake to the waters 
of the San Joaquin. 

Which was re&d twice, and referred to a select committee of five, con- 
sisting of Messrs. Heydenfeldt, Hally, Herbert, Bell and Yeiser. 

Mr. Myres, on leave, introduced a bill for An* Act to amend an Aet tp 
regulate proceedings in Criminal cases, passed May 1, 1861. 



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492 J [Wepotsday, 

Which was read a first and second time, and referred to the Judiciary 
Committee. 

. Mr. Carpentier, on leave, introduced a bill for An Act to provide for the 
apjiointmeni of Commissioners of Deeds, and to define their duties. 

.Which was read a first and second time, and referred to the Judiciary 
Committee. 

On motion of Mr. Johnson, Assembly bill for An Act prescribing the 
time at which County and Township Officers shall enter upon the duties 
of their officer, was taken from the table, considered, amended, read a 
third time, and passed. 

The hour of one o'clock, P. M., having arrived, the House took a lecess 
until 3 o'clock, P. M. 



The House re-assembled at 3 o'clock, P. M. 

On motion of Mr. Sime, Assembly bill for An Act to provide for the 
more perfect indexing and classification of the Land Records of the City 
and County of San Francisco, as a substitute for two bills of a. similar 
nature, was taken from the table, and read a first and second time. 

On motion of Mr. Taylor, the House then went into committee of the 
whole (Mr. Canney in the chair) on the consideration of the bill, and 
having considered the same, the committee rose and reported the bill 
back with amendments, and recommended that the bill be passed, and 
asked to be discharged from further consideration of the subject. 

"Which was granted. 

The amendments were then concurred in by the House, the rules were 
suspended, and the bill was read a third time and passed. 

Mr. McCandless submitted the following report. (Relative to Marine 
Hospital — see Appendix, Ko. 55.) 

"Which was read, and two hundred and forty copies ordered to be 
printed. 

Mr. Yeiser submitted the following resolution, which was read and 
adopted : 

Resolved, That the Judiciary Committee and the Committee on "Ways 
and Means be allowed to employ a Clerk. 

Mr. Ewing, from the Committee on Counties and County Boundaries, 
agreeable to instructions, reported a bill for An Act dividing the State 
into C^'unties, and establishing the Seats of Justice therein. 

"Which was read a first time, the rules suspended, it was then read a 
second time, and laid over under the rules. 

On motion of Mr. IJrenshaw, the Hquse went into consideration of 
Assembly bill for An Act to amend an Act entitled an Act to provide for 
levying, assessing and collecting, Public Revenue, approved April 23, 
1852. 

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April 27.] 493 

The amendments reported by the committee of the whole to the bill, 
were then taken up and adopted. 

The bill was then further amended, and pending the consideration, 
the House, at 6 o'clock, P. M., adjourned. 



HOUSE OF ASSEMBLY. 

Thursday, April 28, 1863. 

House met pursuant to adjournment. 

The Speaker in the chairs 

The roll was called by the Clerk, and the following members were absent ; 

Messrs. Bell, Blake, Covarrubias, Fairfax, Flower, Garfield, Harrison, 
Herbert, Reading of Trinity, Robinson, Taylor, Tilghman, Yeiser. 

The Journal of Wednesday last was read and approved. 

Mr. Smith presented the petition of citizens of Contra Costa county, pray- 
ing for reduction of the salary of the County Judge of that county. 

Which was read, and referred to the Committee of Conference. 

Mr. Mc Means, from the Committee of Ways and Means, to whom was 
^ierred the petition of the Board of Supervisors of San Francisco county, 
reported back the same, and recommended that it be referred to the delega- 
tion from that county. 

Which was agreed to. 

Mr. Yeiser, trom the Judiciary Committee, reported back Assembly bill 
for An Act to amend an Act to regulate proceedings in Criminal Cases, 
passed May 1, 1851, without amendment, and recommended its passage. 

Report was adopted, the bill considered, amended, and laid on the table. 

Mr. Yeiser, from the same committee, introduced a bill to be entitled An 
Act to authorize the State Treasurer to issue a duplicate School Land war- 
rant. 

Read first time, and laid over under the rules. 

Mr. Canney, from the Committee on Indian Affairs, reported back As- 
sembly bill for An Act amendatory of an Act entitled an Act authorizing 
the Treasurer of the State to issue bonds for the payment of the Mariposa, 
Second El Dorado, Utah, Los Angeles, Clear Lake, Klamath, and Trinity 
and Monterey expeditions against the Indians, passed May 3^ 1852, without 
amendment, and recomo^nded its passage. 

Report adopted, and bill laid on the table. 

Mr. Swing, firom the Committee on Counties and County Boundaries, re- 

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494 [THDBflDAY, 

ported back Assembl j bill for An Act in relation to the divimon of Counties 

and the removal of Countj Seats, with amendments, and recommended its 
passage. 

The report was adopted, and bill laid on the table. 

Mr. Hall J, from the San Joaquin delegation, reported back Senate bill 
for An Act to amend the sixteenth section of an Act entitled an Act to pro- 
vide for the funding of the debt of San Joaquin county, for the payment of 
the interest thereoo, and for the gradual liquidation of the debt, passed 
April 20, 1852, without amendments, and recommended its passage. 

The report was adopted, and the bill read a third time and passed. 

Mr,. Bedding of Yuba, on leave, introduced a bill for An Act to authorize 
the formation of corporations for the construction of Plank or Turnpike 
roads. 

Which was read twice, and referred to the Committee on Corporations. 

Mr. Saunders, on leave, introduced a bill for An Act concerning certun 
courts in the county bf San Francisco: 

Which was read a first and second time, and referred to the Judiciary 
Committee. 

Mr. Hunt, on leave, introduced a bill for An Act to regulate appeals from 
County Courts, Justices', Mayors', and Recorders' Courts in the State of 
California. 

Which was read twice, and referred to the Judiciary Committee. 

Mr. Redding of Yuba, agreeable to notice, introduced a bill for An Act 
for the protection of persons owning timber, logs, and lumber, floating upon 
water, or carried upon adjoining lands. 

Which was read twice, and referred to the Committee on Mines and- 
Mining Interests. 

A message was received, informing the Assembly that the Senate passed, 
on the 25 th instant. An Act to provide for the translation of the laws into 
the Spanish language for the year 1853. 

And passed, on the 26th instant, An Act concerning the auditing of ac- ^ 
counts by the Court of Sessions and Board of Supervisors. 

Also. An Act to compensate Dr. John B. Trask for his report on the G-e- 
ology of the Mineral Districts, and to enable him to make further exanu- 
nations. 

And also, An Act providing for the erection of a State Prison, tftid de- 
daring null and void the existing State Prison contract. 

And that they this day non-concurred 4n Assembly amendments to Sen- 
ate bill for An Act concerning Notaries Public. 

Senate bill for An Act to provide for the translation of the laws into the- 
Spanish language for the year 1853, was then read twice, and referred to 
the select committee on translation. 

Senate bill for An Act concerning the auditing of accounts by the Court of 
Sessions and Board of Supervisors, was then taken up, read a first and 
second time, and referred to the Judiciary Committee. 

Senate bill for An Act to compensate Dr. John B. Trask, for his report 
on the Geology of the mineral districts, and to enable him to make further 
examinations, was then read twice, and referred to the Committee on PuUic 
Expenditures. 

Senate bill for An Act providing for the erection of a State Pris(m» and 

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AFBiL^a:] 495 

declariqg null and void the existmg State Prison contract, was then taken 
up, read a first and second time, and referred to the Committee on State 
Prisons. • 

Mr. Johnson moved that the House refuse to recede from their amend- 
- ments to Senate bill for An Act concerning Notaries Public. 

Which was agreed to, and the Chair announced Messrs. Johfison, Conness^ 
and Saunders, as a oommittee of conference on the disagreeing vote on the 
bUl. 

Mr. Martin, on leave, introduced a Joint Resolution in relation to estab 
lishing a Land Office in the northern part of California. 

Which was read a first time, the rules were then suspended, and it was 
then read a second time, when the rules were further suspended, and the 
Resolution was read a third time and passed. 

Mr. Hoff, from the Judiciary Committee, reported back Assembly bill 
for an Act to amend an Act entitled an Act to create a Board of Supervisors 
for the counties of this State, and to define their duties and powers, approved 
May 3, 18/>2, with a substitute, entitled An Act to create a Board of Su- 
pervisors for the counties of this State, and to define their duties and pow- 
ers, and recommended its passage. 

The report was then adopted, and the original bill was laid on the table. 

The substitute was t|ien read a first and second time, and referred to the 
committee of the whole house, and laid on the table. 

Mr. Smith, on leave, introduced a bill for An Act to protect the settiers 
upon the unoccupied lands of this State. 

Which was read twice, and referred to the Judiciary Committee. 

On motion of Mr. Mc Means, Assembly bill for An Act to amend an Act 
entitied an Act to provide for the levying, q^sessing, and collecting public 
revenue, approved April 23d, 1862, wa$ taken up for consideration, when 

Mr. Carpentier moved to amend the fourth line of second section of the bill 
by striking out the Word " forty," and inserting in lieu thereof the word 
" seventy." 

Mr. Wall moved to amend the ainendment by striking out the word " sev- 
enty," and inserting in lieu thereof the word " thirty." 

On which the ayes and nays were demanded, and the amendment to the 
amendment was lost by the following vote : 

ATBS. 

Messrs. Covarrubias, Messrs. McGarry, 

Ewing, McKamy, 

' Hally, McMeans, 

Herbert, Proctor, 

Hunt, Smith, 

Huse, Taylor, 

Knight, Wing, 

Letcher, Teiser, 

McParlaad/ Speaker— *18. 



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496 



[l^BUBSDAT^ 



HATS. 



Messrs. Blake, 

Bostwick, 

Brash, 

Caldwell, 

Canney, 

Carpentier, 

Conness, 

Crenshaw, 

Estep, 

Fairfax, 

Flower, 

Gardner, 

Hejdenfeldt, 

Hoff, 

Johnson, 



Messrs. Eittred^e, 
Leake, 
Mandoville. 
Meredith, 
Moore, 
Myres, 
OUver, 
• Owen, 
Reading, 
Redding, 
Rogers, 
Saunders, 
Sime, 
Walker, 
Wells--30. 



Mr. Crenshaw then moved to amend the amendment by striking oat the 
word " seventy," and inscrling in lieu thereof the word " sixty," and pend- 
ing the consideration of the same, the hour of one o'clock, P. M., having 
arrived, the House took a recess until 8 o'clock, P. M. 



The House re-assembled at 3 o'clock, P. M. 

Mr. Canney moved a call of the House. 

Which was sustained. 

And on the roll being called, the following members were absent :— 
Messrs. Bell, Brash, Conness, Covarrabias, Fairfax, Garfield, Letcher, Mc- 
Candless, Moore, Robinson arid Walker. 

On motion of Mr. Canney, further proceedings under the call were dis- 
pensed with. 

The House then resumed the consideration of the subject it had under 
consideration at the time the House took a recess. 

The question being on the adoption of the amendment to the amendment 
submitted by Mr. Crenshaw, to strike out the word " seventy," and insert 
in lieu thereof, the word " sixty." 

The yeas and nays were demanded, and the amendment was adopted by 
the following vote : 



AYES. 



Messrs. Blake, 

Bostwick, 
Canney, 
Conness, 
OaTdbyo, 



Messrs. MandeviUe, 
Meredith, 
McCandless, 
McMahon, 



Digitized by VjOOQIC 



.AVBOi 



497 



Messrs. Crenshaw, 


Messrs. Oliver, 


Estep, 
Garaner^ 


Reading,- 


Redding, 


Garfield, 


Saunders, 


Hally, 


Sime, 


Heydenfddt, 


Taylor, 


Irwin, 


Thomas, 


Leake, 


WeUs— 26, 


1 1 


NAYS. 


Messrs. Carpentier, 


Messrs. Martin, 


Covamibias, 


McFarland, 


Ewing, 


McGany, 


ilowefr, 


MoKamj, 


Herbert, 


MoMeans, 


Hoff, 


Owen, 


Hunt, 


Proctor, 


Huse, 


Rogers, 


Johnson, 


Smith, 


Kittredge, 


Wing, 
Speaker— 82 


Knight, 



Mr. Crenshaw moved"^ to amend the bill by striking out the word " forty,*' - 
wherever it occurs in the third section, and insert, in lieu thereof, the word 
« sixty." 

On which the ayes and nays were demanded, and the amendment wai 
agreed to bj the IbSowing vote : 



ATE8, 



1. Bell, 


Messrs. Martin, 


Blak4), 


Meredidi, 


Bostwiek, 


MeCaiidless, 


Ganney, 


McMahoB, 


Carpentier, 


Myres," 


Conness, 


Oliver, 


Crenshaw, 


Owen, 


^, 


Proctor, 
Reading, 


Flower, 


Redding, 


Gardner, 


Rogers, 


HaUy, 


Saunders, 


HeydMiftldt, . 


Sime, 


Hofi; 


Taylor^ 


Irwin, 


Thomas, 


Knight, 


W<rfIi»-82. 


•68 


Digitized by 



Google 



f.y 



498 



[TBQBflDilT, 



NATS. 



Mec 


mn. Covarrubias, 


Messrs. 


McFariand^ 




Ewing, 




McGarry, 




Herbert, 




McKamy, 




Hunt, 


\ 


McMeans, 


, 


Huse, . 




Smith, 




Johnson, 




Wing, 




EUtredge, 




Teiser, 




Mande^e, 




Speaker— 16. 



Mr. Ganney moved Uiat ttie Inll be ordered engrossed for a tbiod reading 
on to-morrowk ^ 

Mr. Canney then moved the previous question. 

And on the quostion, " Shall the main question now be put ?" the ayes 
and nays were demanded, and the House refused to sustain the call for the 
previous question by the following vote : 

AYES. 



Messrs. Blake, 


Messrs. Mandeville, 


Bostwick, 


Meredith, 


Ganney, 


McGandless, 


Grenshaw, 


McMahon, 


Estep, 
Furfaz, 


Oliver, 
B.edding, 


HaUy, 


1:homas, 


Irwin, 


Wells, 


Knight, 


Wing— 18. 




WAYS. 


Messrs. BeU, 


Messrs. McFajrland, 


CaldweU, 


MoGarry, 


Carpentier, 


McKamy, 


Conness, 


McMeans, 


Govarrubias, 


Myres, 


Ewing, 


Owen, 


Flower, 


Proctor, 


Gardner, 


Beading, 


Herbert, 


Rogers, 


Heydenfeldt, 


Saunders, 


Hoff, 


Sime, 


Hunt, 


Smith, 


Huse^ 


Taylor, 


Johnson, 


Walker, 


Kittredge, 


Teiser, 


Axartin« 


Sp6akeiv*-82. 



Digitized by VjOOQ iC 



X 



AFSiii28.] 



499 



The question then being on ordering ttie bill to be engrossed for ,a third 
reading. 

On which the ayes and nays were demanded ; it was deeided in the neg- 
atiye by the following vote : 



ATBS. 



Messrs. Blake, 


Messrs. McCandless, 


Bostwick, 


MoMabon, 


Canney, 


Myres, 


Gonness, 


Oliver, 


Crenshaw, 


Beading, 


Estep, 


Bedding, 


Fairfax, 


Bogers, 


Flower, 


Saunders, 


Gardner, 


Sime, 


Irwin, 


Taylor, 


Leake, 


Thomas, 


Mandeville, 


Wells, 


Meredith, 


Wing— 26. 




NATS. 


Messrs. Bell, 


Messrs. Knight, 


CaldweU, 


Letcher, 


Carpentier^ 


Martin, 


Coyarmbias, 


McFarland, 


Ewing, 


McGarry, 


Hally, 


McEamy, 


Herbert, 


McMeai^, 


Heydenfeldty 


Owen, 


HoflF, 


Proctor, 


Hunt, 


Smith, 


Huse, 


Walker, 


Johnson, 


Teiser, 


Eittredge, 


Speaker~26 



Mr. Bell moved that the bill be indefinitely postponed. 
On which the ayes and nays were demanded, and the motion was lost by 
the following vote : 



ATBS. 



Messrs. Bell, 

Covarrubias, 

Herbert, 

Heydenfeldt, 

Hunt, 

Eittredge, 



Messrs. M(^arlaDd, 
McGarry, 
McEamy, 
Proctor, 
Smitb^ll,. 



Digitized by VjOOQ IC 



600 



[TabBaMor, 



tTAT^. 



Heaan. 



Blake, 


MeMrs. Martin, 


Bostwicky 


Meredith, ' 


Caldwell, 


McCandless, 


Canney, 


McMahon, . 


Carjpentier, 


McMeans, 


Conness, 


Moore, 


Crenskaw, 


Myres, 


Estop, 


Oliver, 


EwiDg, 


Owen, 


Fairfax^ 


Beading, 


Flower, 


Bedding, 


Gardnety 


Rogers, 


Garfield, 


Saunders, 


Hally, 


Sime, 


Hoff, 


Taylor, 


Huse, 


Thomas, 


Irwin, 


Tilghman, 


Johnson, 


Walker, 


Knight, 


Wells, 


Leake, 


Wing, 


Letcher, 


Teiser, 


Mandevilie, 


Speaker— 44 



Mr. Canney moyed iiiat the bill be now ordered engrossed for a third 
reading. 

On which the ayes and nays were demanded, and the bill was ordered to 
be engrossed by the foUowmg Tote : 



AYES. 



Messrs. Blake, 


Messrs. Martin, 


Bdstwick, 


Meredith, 


Canney, 


McCandless, 


Oonness, 


McMahon, 


Crenshaw, 


McMeans, • 


Estop, 


Moore, 


Fairfiut, 


Myres, 


Flower, 


OUrer, 


Gardner, 


Beading, 


Garfield, ^ 


Bedding, 


Hally, ^ 


Bogers, 


Heydenfeidt, v 


Saundert, 


Hoff, 


Sime, 


twin, 


Taylor, 


JohnffOt), 


Thomas, 


Eittredge, 


TilghpMte, 


!^ 


Wing— 87. 


MaodeTille, 


Digitized by CjOOQIC 



» A 



sfL28.] 


mi 




JTAM. 


Messrs. Bell, 


Messrs. McFarland, 


Caldwell, 


• V McGarry, 


Carpentier, 


McKamy, 


Covarrubias, 


Owen, 


Ewing, 


Proctor, 


Herbert, 


Smith, 


Hunt, 


Walker, 


•Huse, 


♦ Teiser, 


Letoher, 


Speaker— 18 



Mr. Thomas, from the Committee on Engrossed BiUs, reported as cor- 
rectly engrossed. An Act for the relief of Albert Putnam ; also 

^An Act Act prescribing the time at which County and Township Officers 
shall enter upon the duties of their offices ; also 

An Act to authorize. County Bieeorders to administer oaths in certain 
cases ; also 

An Act explanatory and supplementary to an Act providing an additional 
War Fund, approved April 16th, 1868 ; also 

A bill for An Act to provide for the more perfect indexing and classifica* 
tion of the Land Records of the city and county of San Francisco. 

The report was adopted. - i 

Mr. Heydenfcldt moved to reconsider the vote by which the House, on 
yesterday, refused to adopt the Senate Concurrent Resolution, authorizing 
Dr. John B. Trask to report more ftilly upon the unoccupied mineral lands 
upon the eastern borders of the Sacramento and San Joaquin valleys. 

Which was agreed to. 

The resolution was again read, and adopted. 

On motion of Mr. McMeans, leave of absence was granted to Mr. Gar- 
field for the remainder of the session. 

Mr. Canney moved to rescind the rule whereby this House holds morning 
and afternoon sessions. 

The ayes and nayes were demanded, and the motion was carried 'by the 
following vote : 

AYBS. 



Messrs. Bell, 


Messrs. Irwin, 


Blake, 


Martin, 


Canney, 
. Carpentier, 
Cardozo, 


Meredith, 
McGarry, 
McMeans, 


Covarrubias, 


Moore, 


. Fairfax, 


Myres, 


Flower, 


Proctor, 


Gardner, 
Hally, 

Heydenfeldt, 
Huip, 


Reading, 
Rogers, 
Walker, 
Well*— 24. 



Digitized by VjOOQIC 



502 



[Thdbbdati 



HAYS. 



Messrs. Bostwick, 
Caldwell, 
Gonness, 
Crenshaw, 
Estep, 
Herbert, 
'^ HoflF, 
' Hunt, 
Kittredge, 
Letcher, 
Mandeville, 



Messrs. 



McFarland, 

McKamy, 

Oliver, 

Owen, 

Redding, 

Saunders, 

Sime, 

Taylor, • 

Thomas, 

Wing— 21. 



Mr. Bell presented the claim of James McLamar. 

Which was read and referred to the Committee on Claims. 

Mr. Canney presented a petition from citizens of Auburn, Placer county, 
praying for the passage of a law for the better observance of the Sabbath. 

Which was read, and on motion of Mr. Canney, referred to a select com- 
mittee of three, Messrs. Canney, MereoUth and McCandless, who were ap> 
pointed by the Chair. 

Mr. Canney submitted the following resolution, which was read and laid 
upon the table. 

JResolvedj That all the bills which have been laid upon the taUe, be taken 
up daily during the session until disposed of, immediately after the reports 
of the committees. 

On motion of Mr. Hally, Assembly bill for An Act to amend an Act enti- 
iled an Act for the Protection of Game, was taken from the table, read a 
third time and passed. 

A message was received, Worming the Assembly that the Senate, this 
day, concurred in the report of the committee of free conference on the dis- 
agreeing vote of the two Houses, upon an Act to fix the compensation of 
County Judges, and Associate Justices of the Court of Sessions, and to re- 
peal a like Act, passed April 22, 1860. 

On motion, at 6 o'clock, P. M., the House adjourned. 



\ 



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AFKiL2a] 503 



HOUSE OF ASSEMBLY. 

Friday, April 29, 1863. 



The EouBe met pursuant to adjoummeat. 

The Speaker in the chair. 

The r<Jl was called by the. Clerk, and the following members were ab- 
sent : 

Messrs. Bell, Blake, Caldwell, Canney, Conness, Covarrubias, Fairfax, 
Flower, Gardner, Harrison, Herbert, Irwin, McGany, McMahon, Mooi^e, 
Mjres, Proctor, Beading of Trinity, Bobinson, Saunders, Smith, Thomas, 
Tilehman, Walker and leiser. 

On motion, leave of absence was granted to Messs. Bobinson and John- 
son, for two days each. 

The Journal of Thursday last was read and approved. 

Mr. Gardozo, from the Committee on Commerce, reported back the peti- 
tion of J. T. Dean praying for a grant of certain land in the city of Benicia, 
for the purpose of locating a United States Dry Dock, with a bill for An 
Act to authorize J. T. Dean to hold, use and occupy certain lands m the 
cityof Benicia. 

Which was read a first time, and laid over under the rules. 

Mr. Wing, from the Committee on Public Expenditures, submitted the 
following report relative to oompensating J. B. Trask. (See Appendix, 
No. 56.) 

Which was read and adopted. 

On motion of Mr. Beddmg of Yuba, the House then went into Committee 
of the whole (Mr. Eittredge in the chair,) on the consideration of Senate 
bill for An Act to compensate Dr. John B. Trask for his report on the Geo- 
logy of the mineral districts, and to enable him to make further examina- 
tions, and having considered the same, the committee rose, reported the bill 
back to the House without amendment, recommended that it be passed, and 
asked to be discharged from further consideration of the subject. 

Which request was granted. 

The bill was then r^ a third time and passed. 
, Mr. Yeiser, from the Judiciary Committee, reported back three petitions 
from citizens of the towns of Umon and Eureka, praying for a law to legal- 
ize the tities to certain lots in said towns, with a bill for An Act for the 
relief of the claimants of lots or blocks of land in the towns of Union and 
Eureka, in Trmit^ county. 

Which was read a first and second time, and laid over under the rules. 

Mr. Yeiser, from the Judiciary Conmiittee, reported, back Assembly bill 
ftr Ab Afi(t piMdriUag th6 aude df appidiitting AuotkMen and dttfittag 



Digitized by VjOOQIC 



M4 



[PlHDAr, 



their duties, with a recommendation that it be considered in committee of 
the whole house. 

The report was ado])ted, and the bill was made the special order for Tues- 
day next, May 3, 1853, at 12 o'clock, M. 

Mr. Yeiser, from the same committee, reported back Assembly bill for 
An Act to provide for the appointment of Commissioners of Deeds and to 
define their duties, with a recommendation that it be passed. 

The report was adopted, the bill considered, and ordered to be engrossed 
for a third reading. , 

Mr. McMeans nfoved that the House takq up Assembly bill for An Act 
to provide for the Indigent Sick. 

Which was agreed to. 

Mr. McGandless moved that the bill be made the special oti^ for Wed- 
nesday next. 

On which the ayes and nays were demanded, and the motidti was lost by 



the following vote : 






ATES. 


Messrs. Blake, 


Messrs. McGarry, 


Bostwiok, 


Moore, 


Gardozo, 


Reading, 


Covarrubias, 


** Rogers, 


Fairfax, 


Saunders, 


Flower, 


Sime, 


Hally, 


Taylor, 


Huse, 


Thomas, 


Irwin, 


Wells, 


Knight, 


Yeisep— 21. 


/ McGandless, 






NAYB. 


Messrs. Bell, 


Messrs. Martin, 


Brush, 


Meredith, 


Caldwell, 


McFarl&nd, ^ 


Carpentier, 


McKamy, 


Conness, ' 


McMahon, 


Crenshaw, 


^ MoMoans, 


Estep,- 


Myres, 


Ewing, 


Oliver, 


Harrison, 


Owen, 


Herbert, 


Proctor, 


Hoff, 


Redding, 


Hunt, 


Smith, 


Kitftredge, 


Walker, 


Leake, 


Wing,, 


Letcher, 


Speakeiw^l 


, filandevilk. 





Digitized by VjOOQIC 



Afbjl 2^.j 



v^ 



On motion of Mr. Moore, tiie bill was then laid on the table. 

Mr. Carpeniier moyed &at the yote by which the House refused to re* 
cede from their amendments to Senate bill for An Act conoertung Kcteries 
Pnbfic. 

On which the ayes aad nays were demanded, and the House reconsidered 
by the following rote : 

ATBS. 



Messrs. Bell, 


Messrs. Meredith^ 


Blake, 




Brush, 


McKamy, 


Garpentier, 
Gardozo, 




McMeaas. 


Ewmg, 


Moore, 


Flower, 


Myres, 


Harrison, 


Owen, 


Herbert, 


Beading, 


Hoff, 


Bedding, 


Hunt, 


Eogew, 


Huse, . 


SmHh, 


Irwin, . 


Thomas, 


Eittredge, 


Walker, 


Knight, 


Wii.g-«1. 


Leake, 






NATS. 


Messrs. Bostwick, 


MeflstB. Letcher, 


OaldweU, 


Martan, 


Conness, 


McCandleM, 


Covarrubias, 


Olhrer, 


Crenshaw, 


Sime, 


Estop, 


Wellg, 


HaUy, 


Speaker— 14. 



The question then being, ^^ WiQ the House refuse to recede from their 
amendments to the bill?" 

On which the ayes and nays were demanded, the question was lost by the 
fcUowing yote : 



AYES. 



Messrs. Bostwick, 


Messrs. Martin, 


Conness, 


MoFarland, 


Crenshaw, 


McEamy, 


Estep, 


Oliver, 


Ewing, 


Taylor, 


Hally, 


Wells, 


Hoff, 
• Letcher, , 


Speaker— 16. 



*u 



Digitized by VjOOQIC 



506 



[FitiDAr, 



NATS. 



Mefl6r». Bell, 


Messrs. Leake, 


Blake, 


Mandeville, 


Brush, 


Meredith, 


Caldwell, 

Carpentier, 

Cardozo, 


McGarry,* 
' McMahon, 
Moore, 


Covarrubias, 
Flower, 


Myres, 
Owen, 


HarriBon, 


Proctor, 


Herbert, 

Hunt, 

Huse, 


Sogers, 
Smith, 


Irwin, 


Thomas, 


Kittredge, 
Knight, 


Walker— 29 



The House then receded from the amendments to the biH. 

On motion of Mr. Myres, Assembly bill for An Act supj^mental to an 
Act entitbd an Act providing a Fund for a State Library, passed May 1, 
1852, was taken from the table and considered, the rules were then sus- 
pended, and the bill was considered engrossed, read a third time and passed* 

Mr. Wells, from the Committee on Claims, reported back the petitions of 
Orrin Baily and others, praying for relief, with a bill for An Act for the 
relief of Orrin Baily, and other persons therein mentioned for services ren- 
dered in behalf of the State. 

Which was read a first and second time, the rules suspended. 

The bill was then read a'third time and passed. 

Mr. Bostwick, firom the Jomt Committee on Enrolled Bills, reported as 
correctly enrolled. An Act to provide for the payment of certain persons 
therein named, for services rendered and materials furnished ; and also^ 

An Act to amend an Act to establish a standard of Weights and Meas- 
ures, passed March 30, 1850. Having corrected a grammatical error in 
the fifth line of the fourth section of the last named bill, by chan^ng the 
word" conflict" into " conflicts,'* and the word " are" into " is." 

On motion of Mr. McFarland, Assembly bill for an Act to apportion the 
Senatorial and Assembly Districts of this State, was, taken up. 

Mr. McGarry moved a call of the House. 

On which the ayes and nays were demanded, and the call was sustained 
by the following vote ^ 



AYES. 



Messrs. Bell, 
Blake, 
Bostwick, 
Brush, 
Conness, 
Cardoso, 



Messrs. Leake, 

Meredith, 
Mc Means, 
Myres, 
Oliver, 
Owen, 



Digitized by VjOOQ iC 



Also, 29.] 



507 



Messrs. Crenshaw, 


Messrs. Saunders, 


Estep, 
Fairfax, 


Taylor, 
Thomas, 


Flower, 


Walker, 


Hally, 


Wells, 


HofiF, 


Wing, 


Irwin, 


Yeiser— 26. 




NATS. 


Messrs. GaldweU, 


Messrs. Martin, 


Carpentier, 


McCandless, 


Covarrubias, 


McGarry, 


Ewing, 


MoKamy, 


Hunt, 


Proctor, 


Hnse, 


Beading, 


Eittredge, 


Smith, 


Knight, 


Speaker— 17. 


Letcher, 





The roll was then called by ttie Clerk, and the followbg members were 
absent : 

Messrs. Gardner, Heydenfeldt, Lrwin, Mandeville, Moore, Sogers and 
nSghman. 

Messrs. Mandeville, Moore, Rogers and Heydenfeldt, appeared at the 
bar of the House, were admitted, excused and took their seats. 

On motion of Mr. Blake, further proceedings under the call were dispensed 
until. 

Mr. Ewing moved that the bill be made the special order for Fndaynext 
f|On which the ayes and nays were demanded, and the motion was lost by 
the Allowing vote : 

ATBS. 



Messrs. Bell, 


Messrs. Martin, 


Carpentier, 


McCandless, 


Covarrubias, 


McFarland, 


Ewing, 


McGarry, 


Slower, 


McKamy, 


Hally, 


Proctor, 


Heydenfeldt, 


Beading, 


Hunt, 


Sime, 


Huse, 


Smith, 


Eittredge, 


Walkei^21. 


Knight, 






KATS. 


Messrs. Blake, 


Messrs. McMahon, 


Bostwick, 


MpMeans, • 



Digitized by VjOOQIC 



508 



[Fbidit, 



I688r8« Srnsn, 


Meflsm. Moore, 


Gonnees, 
Gardozo, 


Myres, 
Ouyer, 


Grenshaw, 


Owen, 


Estep, 


Redding, 


Fairfax, 


Rogers, 


Herbert, 


Sannd^s, 


Irwin, 


Taylor, 


Leake, 


Thomas, 


Letcher, 
MandeviDe 


SpeSei^-a7. 


Meredifl^, 





Mr. Myres moyed ttiat the House now go mto committee of the whole for 
(he purpose of conndering the bill. 

(hi which the ayes ana nays were demanded, and the motion was lost by 
the following yote : 



AYES. 



Messrs. Blake, 


Messrs. Mandeyille, 


Bostwick, 


Meredith, 


Brush, 


MeMeans, 


Gonness, 


Moore, 


Oardoeo, 


myres. 


Grenshaw, 


Oliyer, 


Estep, 
. Fairfax, 


Redding, 
Rogers, 


Herbert, 


Thomas, 


Hoff, 


Wdls, 


Lrwin, 


Spe^er— 24 


Lealce, 




NAYS. 


Messrs. Bell, 


Messrs. Martin, 


GaldweB, 


McCandless^ 


Carpenter, 


McFariand, 


Goyarmbias, 


McGarry, 


Ewing, . 


McKamy, 


Plowfflr, 


Owen, 


Hafly, 


Proctor, 


Heydenfbldty 


Reading, 


Hmit, 


Samiders, 


Hnse, 


Sime, 


Eittredge, 


Smith, 


Knight, 
Letcher, 


Taylor, 
Teiseiu-:-27. 



On motion of Mr. McGany, the bill was then referred to a select 000- 



Digitized by VjOOQIC 



AniiL 29.] 609 

nnltee of 8«ven, wUb insiraetiffiis to repprt the same baek to the Hoose on 
Taeeday next. 

The Chair annotmoed as suoh committee, Messrs. McGturrj, Hejdenfeldt, 
McFarland, Hally, Wing, Irwin and Proctor. 

A message iras received informing the AssemUy that the Senate, this 
daj, passed, with amendments, Assembly biU for An Act to provide for the 
measurement of Lumber. 

The bill was then taken np, and the Senate amendments were concorred 
in by the Honse. 

Mr. ThomaSyfrom the Committee on Engrossed bills, reported as correctly 
engrossed, An Act to amend an Act entitled an Act to provide for the levy- 
ing, assessing and collecting Public Revenue, approved April 28, 1858, and 
the report was adopted. 

On motion, at 5 o'clock, P. M., the House adjourned. 



HOUSE OP ASSEMBLY. 



Saturday, April 30, 1863. 

The House met pursuant to adjournment. 

The Speaker in the chair. . 

The roll was called by the Clerk, and the following membejs were 
absent: 

Messrs. Bell, Blake, Canney, Carhart, Carpentier, Fairfax, Flower, 
Herbert, Huse, Leake, Martin, Meredith, McGarry, McKamy, Moore, 
Proctor, Tilghman and Walker. 

On motion, leave of absence was granted to Mr. McGarry until Tues- 
day next 

The Journal of Friday last was read and approved. 

Mr. Conness presented the petition of citizens of El Dorado county, 
,that the poll tax now collected may be applied to the improvements of 
public roads. 

Whioh was read, and referred to the Committee on Roads and High- 
ways. 

Mr. Smith presented the claims of certain citizens of Contra Costa 
county. 

Which was read, and referred to the Conmiittee on Claims. 

Mr. Owen, from the Committee on Corporations, reported back Assem- 
bly bill for An Act to provide for the . incorporation of Companies for the 
construction of Plank or Turnpike Roads ; also. 



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510 [SATUBaAX, 

An Act to authorize the formation of Corporations for the construction 
of Plank or Turnpike Roads, and recommended the passage of the last 
mentioned bill, and the rejection of the bill first mentioned in the report. 

On motion of Mr. Redding of Yuba, the House then went into com- 
mittee of the whole (Mr. Mandeville in the chair) on the considetation of 
the bill for An Act to authorize the formation of Corporations for the con- 
struction of Plank or Turnpike Roads ; and having considered the same, 
the committee rose, reported the bill back to the House with amendments, 
recommended that they be adopted and that the bill be passed, and asked 
to be discharged from further consideration of the subject 

Which was granted. 

The arnendments were then concurred in by the House ; the rules sus- 
pended^ the bill was then read a third lime and passed. 

On motion of Mr. Sime, Assembly bill for An Act to provide the incor- 
poration of Companies for the construction of Plank or Turnpike Roads, 
was taken up, and indefinitely postponed. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled An Act to authorize the issue of a duplicate twelve per 
cent, W ar Loan Bond to John C. Johnson ; also. 

An Act supplementary to an Act to provide for the appointment and 
prescribe the duties of Guardians, passed April 19. 1850. 

Mr. Heydenfeldt, from the select committee, reported back Assembly 
bill for An Act to provide for the construction of a Canal from Tulare 
Lake to the waters of the San Joaquin, with amendments, and recom- 
mended that the bill be passed. 

On motion of Mr. Herbert, the House then went into committee of the 
whole (Mr. Hoflf in the chair) on the consideration of the bill ; and hav- 
ing considered the same, the committee rose, and reported the bill back 
to the House with amendments, and recommended their adoption and the 
passage of the bill, and asked to be discharged from further consideration 
of the subject. 

Which was granted. 

The House then coiicurred in the amendments, and the bill was con- 
sidered engrossed, read a third time ; and 

On the question, " Shall the bill now be passed ?" the ayes and nays 
were demanded, and the bill was passed by the following vote : 

AYES. 

Messrs. Bell, Messrs. Martin, 

Blake, McCandless, 

Cardozo, McKamy, 

Covarrubias, McMahon, 

Ewing, Owen, 

Fairfax, Reading, 

Hally, Redding, 

Herbert, Smith, 

Heydenfeldt, Walker, 

Hunt, Teiser — ^21. 
Knight, 



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Apbil so.] 



511 



KAYS. 



Messrs. 



Bostwick, 

Brush, 

Gonness, 

Crenshaw, 

Gardner, 

Letcher, 

McFarland, 

McMeans, 



Messrs. Rogers, 
Sime, 
Taylor, 
Thomas, 
Wells, 
. Wing, 

Speaker— 15. 



The following message, and accompanying communications of Theo- 
dore Payne & Co. and the Attorney-General, were received from the 
Govemor, read, and referred to the Judiciary Committee : 

Executive Department, . ? 
Benicia, April 30, 1853.^ . 

To the S&nate and Assembly of California : 

I have the honor herewith to transmit a copy of a communication re- 
ceived on yesterday from the Hon. S. C. Hastings, Attorney-General, 
enclosing a note addressed him by Theodore Payne & Co , auctioneers, 
residing in the city of San Francisco. (See Senate Appendix, No. 68.) 

The Attorney- General, it will be seen, states that certain merchants 
and auctioneers of San Francisco have " confederated together " to resist 
the payment of the tax upon consigned goods ; and also the provisions of 
the law relative to auctioneers, so far as it pertains to the payment to the 
State ^f any duties collected by them upon personal and real property 
sold at auction; 

It will be recollected that I directed the attention of the Legislature to 
this important subject in my annual message, at the commencement of 
the session ; but, at that time, was not apprized of the fact that, notwith- 
standing parties had "confederated together" to resist, in our comts, and 
on constitutional grounds, this provision of our revenue system, " State 
duties" were regularly collected on every sale made by them. 

It would seem, from the acts of the parties '• confederated together," 
that Ihey regard the law so far constitutional as to authorize the collec- 
tion of ** State duties," but unconstitutional in the requirement to pay the 
amount, after collected, into the State Treasury. 

The amount of "State duties" thus collected and now due by auc- 
tioneers in the city of San Francisco, in the opinion of Messrs. Theodore 
Payne & Co., as 'will be seen by reference to their statement herewith 
transmitted, "is probably not less than fifty thousand dollars." The 
Attorney-General has also given this subject careful investigation, and he 
believes that the amount is nearly, if not quite, one hundred thousand 
dollars. 

The sum so collected, however — be it more or less — rightfully belongs 
to the State of California. 

The amount refused to be paid over has been collected from various 
persons who have availed themselves of the services of auctioneers, and 



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who were no doubt informed, at the time of its payment, that it \xras 
'* State duties." T\^e item of revenue is too large, and the question in- 
volved too important, in its bearings upon the interests of the States to be 
neglected ; and, in my opinion, every means, consistent with the Consti- 
tution, should be employed to compel the payment of the money collected 
as " State duties " into the Treasury of the State. 

It is true that I have directed the Attorney General to institute pro- 
ceedings to compel the payment of the money, thus collected, into the 
State Treasury ; but in view of the fact that, heretofore, successful re- 
sistance has been made to the execution of the provisions of .the law in 
question, I deem it my duty to commend the subject to your considera- 
tion, 

In this connection I would also respectfully recommend that in all 
cases of organized resistance to the Revenue Laws of the State^ — such, 
for instance, as is stated to exist at present, — ^the Attorney-General be 
empowered to designate the county in which such cases, whether civil or 
crimitial, shall be adjudicated. 

JOHN BIGLER. 

Mr. Covarrubias, from the select committee on Translations, reported 
back Senate bill for An Act to provide for the Translation of the Laws 
into the Spanish language, with a recommendation that the same be 



And the report was adopted. 

The House then went into committee of the whole (Mr. Hoff in the 
chair) on the consideration of the bill ; and having considered the same, 
the committee rose, reported it back to the House, and recommended that 
it be passed, and asked to be discharged from further consideration of the 
subject. 

Which was granted. "* 

The bill was then read a third time and passed. 

Mr. Conness, on leave, introduced a bill for An Act concerning licen- 
ses. 

Which was read a first and second time, and referred to the Commit- 
tee on Ways and Means. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled, An Act concerning Notaries Public. 

And the report was adopted. 

Mr. Thomas, from the (Committee on Engrossed Bills, reported as cor- 
rectly engrossed, An Act supplemental to an Act entitled an Act provid- 
ing a Fund for a State Library ; also. 

An Act for the relief of Orrin Baily, and other person? therein men- 
tioned, for services rendered in behalf of the State ; also. 

An Act to provide for the appointment of Commissioners of Deeds, and 
to define their duties. 

And the report was adopted. 

Mr. Hally, from the select committee, reported back Assembly bill for 
An Act for the protection of persons who may settle upon private lands 
in this State, with amendments, jxnd reconunended their adoption and 
the passage of the bill. 

The report was adopted, and, with the bill, referred to the Judiciary 



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Amol 186.] &13 

Oommittie, ^th mstitiddbtt to y«^» dn Wednesdiy* Heart, 'anfl flteMil 

was made the special order for thAt ^ay. . '. 

The following message iras leceir^fd from th6 'Senate : 



Mr. Speaker: 



The Senate passed, on the 28th, An Act to define rights 'of clafonurts 
lo the^ratei^ 6f streams in the nkibihg districts of this StUfte for'mliing 
purfioses. "'J 

And oh the 29th, with amefidrntots, Asiiembly bid fot Aii Act Uy prd- 
vide for the better publication of official and legal notices. ' 

And also, on the 29th, An Act expfenatory.and siip^lemerttarv . to An 
Act providing an additional War Fund, approved April lOth, 1W3. 

And on the 36ch institnt, An Act to amend'iin Act concerning Gorpdra- 
ticms, passed AjMfl 22d, 1856. i , .. 

By order of the Senate. ' . 

A. C. BRADFORb, '" 
Secretary. 
April 30, 1853. 

Senate bill for An Act to define the rights of claimants to ihe waters of 
of streams in the miniqg districts of thi^ State, for minitig purposes, was 
then read twice, and fejrerred to the Committee on MlriesTstpid Mining In- 
terests. 

Assembly bill for Ati Act to provide for the better publication qf official 
and legal notices, *as amended by the Senate, was then takten up, and the 
amendments concurred' in. 

Senate bill for An A6.t to amend an Act entitled an A<it concerning 
Corporations, passed April 22d, 1850, was then read twice, ^d referred 
to the Committee on Corporations. ' 

The following message was received from the Senate : 

Mr. I^peaker: - * • 

The Senate passefd, this day, with an amendment, AsstoaMy bill for 
An Act to amend an Act concerning the office qf Couitty Assessor, passed 
March 27th, 1850. 

And a bill for An Act for the payment of certain penlons, therein 
named, for labor performed and materials furnished. 

By order of the Senate. 

A. C. BRAEaPOiiD, 

Secretary. 
April 30, 1853. 

Assembly bill for An Act to iiooend an Act concerning^ the o^ca of 
County Assessor, passed March 27th) 1850| as amended by the Senate^ 
was then taken up, and the amendments concurred in by the House. 

Senate bill for An Act for the payment of certain persons, therein 

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614 



[SWUBJPAT, 



jtaraed, fiir labor perfimned aad malerials funuAed, waa then read twkae 
and referred to the Committee on Claims. 

On motion of Mr. Caipentier, Assembly bill for An Act to amend an 
Act to regulate proceedings in criminal cases, passed May 1st, 1861, was 
taken from the table, amended, read a third time and passed. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
^socreetly enroUed, 
. An Act to amend the sixteenth section of an Act entitled an Act to 
provide for Funding the Debt of San Joaquin county, for the pa3^ent ^ 
Ae interest tbereon, and for the gradual liquidation of the debt ; passed 
April 20th, 185% Also, 
. . An Act to provide for the measurement of Lumber. 

And Ibe report was adopted, 
-i On motion of Mr. Heydenfeldt, Assembly bill for An Act for the relief 
of the claimants of lots or blocks of lands in the towns of Union and 
Eureka, in Trinity county, was taken up, read a third time ; and 

On the question, '' Shall the bill now be passed ?" the yeas and nays 
were demanded, and the bill was passed by the following vote : 



AYES. 



Messrs. Bell, 


Messrs. McMeans, 


Blake, 
Caraojo, 


Owen, 
Proctor, 


Ewing, 


Beading, 


HaUy, 
Herbert, 


Sime, 


Smith, 


Heydenfeldt, 


Taylor, 


BfiF, 


Walker, 


Hunt, 


Yeiser, 


Knight, 


Speaker — i 


Merodiih, 


\ 




NAYS. 


MieaM.BrqBh^ 


Messrs. Eitti^ge, 


Caldwell, 


Letcher, 


Carpentier, 


Mandeviile. 


Gonness, 


Myres, 


Crenshaw, 


Beddiqg, 


Estep, 
Fairfax, 


Thomas, 
Wells, 


Gardner, 


Wmg— 16. 



21. 



Mr. Wall moved to reconsider the rote just taken. 

On which the ayes and nays were demanded, sind the House fefined 
to reconsi^r by the following YOte : 



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Eit 30.] 


510 


« 


AYES. 


Messrs. Brash, 


Messrs. Letcher, 


CaJdweB, 


MandeviUe, 


Corpentier, 


Meredith, 


Conness, 


Myres, 


Coyarrabias, 


Bedding, 


Crenshaw, 


Thonias, 


Estep, 
Fairfex, 


Wells, 


Wing, 


Gardner, 


Speakei^ie, 


Kittredge, 


• 




KATS. 


Messrs. Bell, 


Messrs. AJcFarland, 


Blake, 


McMeans, 


Cardoso, 


Owen, 


Ewing, 


Proctor, 


Hallv, 
Herbert, 


Beading, 


Sune, 


Heydenfeldt, 


Smith, 


Hoff, 


Taylor, 


Hunt, 


Yei8e^-19. 


Knight, 





Mr. Beading, of Trinity, moved that the House adjourt until MonSday 
next, at 7J o'clock, P. M. 

Oo which the ayes and nays \v^re demanded, and the motion weis kmi 
by the following vote : • ^ 



ATB8. 



wv 



ISx. Carpentier, 


Mr. 

KATB. 


. Myres— 2. " ' '' 


MesM. BeU, 


MLessrSt 


. MandeviUe, 


Slake, 




Meredith, 


Brush, 


• . 


McEamy, 


Caldwell, 


, 


McMahon, 


Coaneas, 




McMeans, V 


Cardozo, 




Owen, 


Orenafaaw, 




Reading-, 


Ertep, 




Bedding, 


, Ewing, 




Saunders, 


Faaiftz, 


' ' 


Smith, 


Hally, 
H«rb«it, 




Taylor, 




tniomas, 


H«7<kilftldt, 




Wefts, ' i 

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516 [MoHttAT, 



Messrs. Hoff, 


' Messrs. Wing, , 


KittredgOf 


Yeiser, 


Knight, 


Speaker~»3 


Letcher, 





On motion, at 5 o'clpck, P. M., the House adjourned. 



gOUSE OF ASSEMBLY. 

\ 

Monday, Ma^r 2, 1863. 

The House nl^t. pursuant to adjournment. 

The Speaker in the chair. 

The roll was called hy the Clerk, and the following members were absent : 

MEffifrs. Blal^, G^rpentier, Conijiess^ Gardoao, Coyamibias, FairEBtx, 
Flower, Gardner, Herbert, Heydenfeldt, Huse, Irwin, Johiison, Knight, 
J^eAk«^. i\Iaartin, McGarry, Moore, Oliver, Proctor, Beading of Trinity, 
Bobinson, Bogers, Sime, Smith, Taylor, Tilghman, WaUcer, Wing and Yeiser. 

No quorum present. 

Mr. McFarland moved a call of the House. 

Which vt as sustained, and on the roll being called all the above nineteen 
members were absep^^ 

The Sergeant-at-Arms was dispatched to bring in the absentees. 

Messrs. Wing and Gardner, appei^e(i at the bar of the House, were ad- 
mitted and took their seats. 

On motion of Mr. Caimeyi, further proceedings under the oaft were dis- 
pensed with. 

The Journal of Saturday last was read and approved. 

Mr. Wing presented the petition of certain citizens of Contra Costa coun- 
ty, remonstrating against being set off into Alameda CQunt^^ 

Which was read and laid on the table. 

Mr. Crenshaw, froxa the Committee on Claims, refiiOrted back Senate 
bill for An Act for the i^lief of C. E. Pickett, with a recommendation that 
the same be referrejd tp the Committee on State Hospitals. 

The report was adppted, and the bill referred as reco^Bmeoded. 

Mr. Thomas, from the Committee on Engrossed Bills, reported as correct- 
ly engrossed. An Act to provide for the construction 'of a CancJ from Tulare 
Lake to the waters ol the San Joaquin, and the rep^ yrm adopted. 

• . ' ^ Digitized by VjOOQIC 



Mat 2.] 617 

Mr. McMeaos submitted a resoIatioD in relation to a prospective war with 
Mexico. 

Which was read and laid on the table. 

Mr. Brash submitted a Joint Resolution concerning Elections. 

Which wae read a first and second time, and amended. 

When Mr. Hoff moved a call of the Uouse, which was sustained. 

And on the roll being called, the following members were absent : 

Messrs. Blake, Canney, Carhart, Carpentier, Conness, Cardozo, Covar- 
nibias, Fairfax, Flower, Herbert, Heydenfeldt, Huse, Irwin, Johnson, 
Knight, Leake, Martin, Meredith, McMiion, Moore, Oliver, Proctor, 
Reading of Trinity, Robinson, Rogers, Sime, Smith, Taylor, Tilghman, 
Walker, and Yeiser. 

On motion, fiirther proceedings nnder the call were dispensed ipfith. 

The Joint Resolution was then read a third time and passed. 

Mr. Gardiner, from the Committee on Mines and NUning Interests, re- 
ported back Assembly bill for An Act for the protection of persons owning 
timber logs, and lun\ber floating upon waters, or carried upon adjoining 
lands, with a reoommendation' that the same be passed. 

The report was adopted, and the bill was then considered, amended, and 
laid on the tabic. 

On motion, at one o'clock, P. M., the House adjourned. 



HOUSE OF ASSEMBLY. 

Tuesday, May 3, 1853. ' 

House met pursuant to adjournment. 

The Speaker in the chair. 

The roll*was called by the Clerk, and the following members were found 
absent : 

Messrs. Blake, Bostwick, Cabaniss, Carhart, Covarrubias, Gardner, 
Reading of Trinity, and Smith. 

On motion, leave of absence for one day was granted to Mr. Blake. 

The Journal of Monday last was read and approved. 

The following communication was received from the Comptroller of State. 
(See Appendix, No. 59.) 

Which was read, laid on the table, and two hundred and forty copies or- 
dered printed. 



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518 



[TUESDAV, 



Mr. McCandlesB presented the petidon of certain cifateiis of CoIodqa, El 
Dorado county, pravitig for the passage of a law which shall comlMna the 
essential principles of the Maine Liquor Law. ^ 

Which was read, and referred to Mr. McCandless. 

Mr. McMeans, from the Committee on Wajs and Means, reported back 
Assembly bill for An Act concerning Licenses, with a recommendation that 
the same be passed. 

On motion of Mr. McMeans, the House then went into committee of the 
whole, Mr. Owen in the chair, on ihe consideration of the bill, and having 
considered the same, the committee rose and reported the bill back to the 
House, and asked leave to sit agidn. 

Which was granted, and the bill was then laid on the table. 

Mr. Thomas, from the Committee an Engrossed Bills, reported as cor- 
rectly engrossed An Act to anthorize the formation of Corporations for the 
construction of Flank or Turnpike Beads ; 

Also, U Joint Resolution concerning Elections. 

And the report was adopted. 

Mr. Owen mov^ that the select committee to whom was referred Ab- 
aembly bill. An Act to apportion the Senatorial and Assembly Districts of 
the State, have until Thuraday next to make their report. 

On which the ayes and nays were demanded, and it was decided in the 
affirmative, by the following vote : 

ATES. 



Messrs. Brush, 


Messrs. Knight, 


Caldwell, 


Martin, 


Carpentier, 


McCandless, 


Cardozo, 


McFarland, 


Ewing, 


McKamy, 


Fairfax, 


McMeans, 


Hally, 


Owen, 


Herbert, 


Proctor, 


Heydenfeldt, 


Sime, 


Hunt, 


Taylor, 


Huse, 


Thomas, 


Johnson, 


Walker— 25. 


Kittredge, 


- 




NATS. 


Messrs. Bell, 


Messrs. Meredith, 


Cabaniss, 


McMahon, 


Canney, 


Moore, 


Conness, 


Myres, 


Crenshaw, 


OUver, 


Flower, 


Bedding, 


Hoff, 


Bogers, 


Leake, 


WeUs, 


Letcher, 


Wing, 
Speakei>-20. 


Mandeville, 



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Mat a] 



'619 



Mr. Canney then moved that the bill be made the special order for 
Thursday, immediately after the calling of the committees. 

Which was agreed to. 

Mr. Canney, from the Committee of Free Conference, on the disagree- 
ing vote of the two Houses on Senate bill for An Act to fix the compen- 
sation of County Judges and of Associate Justices of the Courts of Ses- 
sions, and to repeal a like Act passed April 1860, submitted a report. 

Which was laid on the table. 

Mr. Bostwick, from the Joint Committee on Enrolled Bills, reported as 
correctly enrolled An Act explanatory and supplementary to an Act ap- 
proved April 16, 1853, providing an additional War Fund. 

Also, An Act to provide for the better publication of Official and Legal 
Notices. 

And the report was adopted. 

Mr. Owen, from the Committee on Corporations, reported back An Act 
to amend an Act entitled an Act concerning C9rporations, passed April 
22, 1850, with a recommendation that the same be passed. 

The report was adopted, and the bill was read a third time and passeil. 

A message was received from the Governor, informing the Assembly 
that he this day approved An Act to provide for the Measurement of Lum- 
ber; 

Also, An Act to provide for the better publication of Official and Legal 
Notices ; 

Also, An Act explanatory and supplementary to an Act approved April 
16, 1853, providing an additional War Fund. 

Mr. McCandless submitted a resolution, authorizing the Committee on 
Indian Affairs to etnploy a Clerk. 

Which was read and laid on the table. 

Mr, Ejttredge submitted a resolution, fixing the compensation of the 
iClerk and Assistant Clerk of this House. 

Which was read, when Mr. itfcConness moved that it be indefinitely 
postponed. 

On which Messrs. Oonness, Cabaniss and Robinson demanded the ayes 
and nays, and the motion was lost by the following vote : 

ATE6. 



Messrs. Caldwell, 


Messrs. Leteher, 


, Conaess, 


Mandeville, 


Estep, 


Martin, 


Ewing, 


Meredith, 


Flower, 


Owen, 


Gardner, 


Bobinson, 


Hoff, 
Jonnson, 


• Sime, 
Wing— 16. 


> 


NATS. 


Messrs. BeU, 


Messrs. McEamj, 


Bostwick, 


MeMi^on, 


Brush, 


McMeans, 



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seo 



[TOBBDAY 



Messrs. 



Cabaniss, 


JMLesnfs* jVLoopc^, 


Oardozo, 


Myres, 


Harrison, 


Oliver, 


Herbert, 


Proctor, 


Heydenfeldt, 


Redding, 


Hunt, • 


Rogersy 


Huse, 


Saunders, 


Irwin, 


Taylor, 


Kittredgo, 


Thomas^ 


Knight, 


Walker, 


Leake, 


Wells, 


McCandless, 
McFarlandi 


Yeise^— 81 



Mr, Canney then moved that the resolution be laid on the table. 
On which the aye3 and nays were demanded by Messrs, Conness, Ca- 
baniss and Robinson, and the motion was lost by the follo^^^ing vote : 



AYES. 



Messrs* Brush, 


Messrs. Meredith^ 


Canney, 


McKamy, 


Crenshaw, 


McMeans, 


Estep, 


Oliver, 


Ewing, 


Owen, 


Flower, 


Proctor, 


Harrison, 


Redding, 


Hoff, 


Saunders, 


Hunt, 


Wilson, 


Knight, 


Wij»g-21. 


Martin, 






NATS, 


Messrs. BeU, 


Messrs. Letcher, 


Caldwell, 


Mandeville, 


Carpentier, 


McCai^ess^ 


Contiess, 




Cardoao, 


Myres, 


Gardner, 


Robinson, 


Herbert, 


Rogers, 


Heydei^eldt, 


Sime, 


Huse, 


Taylor, 


Irwin, 


Thomas,^ 


Johnson, 


Walker, 


Kittredge, 


Wells, 


Leake, 


Yeiser— 26. 



The (Question then i^urring on the adoption of ihe resolution. 



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Mkr&J 



m 



. On which the ajtoaiR&d naya weraidamatidad by Mr.fCioimMi, Caban- 
iss, and Robinson. 

The resolution was lost by the following vote : 



AYES. 



Messrs. Bell, 


Messrs. Myree, 


Carpentier, 


Oliver, 


Cardozo, 


Proctor, 


Herbert, 


Bedding, 


Heydenfeldt, 


Rogers, 


Huse^ 


Saunders,' 


Irwin, 


Thomas, 


• Rnight, 


Wells, 


Leake, 


Wilson, 


McMaiion, 


Yeiger— 21, 


McMeans, 






NAYS. 


Messrs. Bbstwick, 


Messrs. Johnson, 


Brush, 


^ Kittredge, 


Caldwell, 


Letdier, 


Canney, 


Mandeville, 


Gonness, 


Martin, 


Crenshaw, 


Meredith, 


Estep, 


McFarland, 


Bwmg, 


f McKamy, 


Flower, 


Owen, 


Gardner, 


Bobinson, 


HaUy, 


Sime, 


Haxrison, 


Taylor, 


Holt, 


. ' Walker, 


Hunt, , 


Wmg— 28. 



Hf . Leake, on leave, introduced a bill for An Act to authorize the 
County Surveyor of ithe county of Calav^a^ to rent an Office. 

Which was read a first and second time, the rules were suspended, it 
was then read a third time, and passed. 

Mr. Canney from the select committee to whom was referred Assembly 
bill for An Act providing for the disposition of certain property, with at 
verbal recommendatioQ that the same be indefioitely postponed. « 

The report was adopted, and the bill was indefinitely postponed. 

On motion of Mr. Mandeville, Senate bill for An Act to amend an Act 
entitled an Act concerning Toll Bridges, was taken from the'^'table and 
referred to the Judiciary Oonomittee. 

Mr. Thomas from the Committee on Engrossed Bills, reported as cor- 
lei^y engrossed, 

An Aet for the lelief of the claimants of Iota or blppks of land in the 
towns of Union and Eureka, in Trmity county : ^ 

•66 



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532 [Titissiui; 

' A)so', Ah Act to amend an Act to regulate ptoc'eedkigs in criminal cases, 
passed May 1st, 1851. 

And the report was adopted. 

On motion of fijr. Brush, Assembly bill for An Act to provide for the 
indigent sick, was taken from the table, and the House went into com- 
mittee of the whole, (Mr. Canney in the chair,) on the consideration of 
the bill, and having considexed the same, the committee rose, reported 
the bill back to the House with amendments, recommended that the bill 
be passed, and asked to be discharged from further consideration of the 
subject. 

Which request was granted. 

Mr. Leake then nK>ved to recgmmit the bill to the Committee on State 
Hospitals, with instructions to report an amendment giving to the city of 
San Francisco a sufficient portion of the passenger tax to compensate said 
city for taking care of the insane portion of indigent sick existing in said 
city in consequence of that being the principal port at which the immi- 
gration arrives in this State. 

And the motion was agreed to. 

Mr. Bostwick, from the ^oint Committee on Enrolled Bills, reported as 
correctly enrolled. 

An Act to provide for the better publication of official and legal notices; 

Also, An Act explanatory and supplementary to an Act approved April 
16, 1853, providing an additional War Fund. 

Mr. Bostwick submitted the following report, which was read and 
adopted. 

Mr. Speaker: 

The Joint Committee on Enrolled Bills, report that they have this >iay 
presented to the Governor for his approval : 

An Act to amend an Act entitled an Act to establish a standard of 
weights and measures, passed March 30; 1850 ; 

Also, An Act to provide for the payment of certain persons therein 
named, for services rendered and material furnished ; 

Also, An Act to authorize the issue of a duplicate 12 per cent War 
Loan Bond, to John C. Johnston ; 

Also,* An Act supplementary to an Act to provide for the appointment 
and prescribe the duiies of Gdardians, passed April 19, 1860 ; 

Also, An Act concerning Notaries PubHc ; 

Also, An Act to provide for the measurement of Lumber; 

And An Act to amend the rfxteenth section of an Act entitled an Act 
to provide for funding the debt of San Joaquin county, for the payment 
of the interest thereon and for the gradual liquidation of the debt, passed 
April 20, 1862. 

JOHN H. BOSTWICK, 

Ch. of Assembly Committee, 

Assembly bill for An Act prescribing the' mode of appointing auctioa* 
eers atkd defining ^htir duties, made the special order for this day, was 
taken up and laid on the taUe. < 



Digitized by VjOOQ IC 



MiyS.} 



523^; 



Assembly bill for An Act to amend an Act entitled an Act to provide 
for the levying, assesssing, and collecting Public Revenue, approved 
April 23, 1852, was then